rajalakshmibhatt (Rt. Engineer) 19 April 2012

Divorce

My Nephu is married to cousin ( childern of brother and sister) in 2008 with consent of both the parties.

Both of them are educated. Girl was not having job when she got married. After some time she got a job in college as a teacher.

There was some small small differences and arguments between them wlike it happens in any family. This was not on serious subjects.

Parents and elders of both sides discussed with both of them and asked them to setlle by them selves and not to make issue of small things big.

One day the girl left home with all her belongings and started staying in a PG accomodation. (may be some 6 months back)

She is not intersted to come back. But the boy is still interested in her. She has said firmy that she will not come back. and has said will not give divorce at any cost.

Please let us know how to go about this leagally and get releved from this girl

Thanks

RBhatt

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 April 2012

Dear Querist,

1. Divorce is not her prerogative, if we succeed in making out a case of cruelty/desertion - divorce can be had.

2. Be prepared for false 498A/406 counter cases, it's good if you start early in protection proceedings.

Feel free to talk~

Adv. Chandrasekhar (Advocate) 19 April 2012

your approach towards the issues is not correct. Which appears to you not a serious matter may be serious to her.

If the grounds for divroce can be carved out by the boy, he can go for contested divorce case. Desertion is not a ground, as she is living away from him only for the last six months. Minimum requirement is 2 years.

Guest (Guest) 19 April 2012

Don't hurry into filing for divorce. If it is only about filing a divorce petition, the same can be done anytime on the grounds available for divorce, but there is always a right to time to do a particular thing. If the precautionary measures are not taken, it can be counterproductive. Filing for divorce against the estranged wife is always fraught with the risk of getting 498A and much more women fury in return. Follow a tactical approach. If you have made up your mind to part ways with your wife, first safeguard yourself against a possible 498A . Write mails to her,send messages, and make telephonic conversations to her stating that you have never since your marriage treated her with cruelty or harassed her in relation to dowry,and she should join you back in the matrimonial house. Let her acknowledge through messages, emails or telephone recordings that she has never been harassed for dowry either by you or your family members. Don't let her even comprehend what you are trying to do. Keep this documentary proof safe so that if she slaps 498A, you can get AB easily and blow her case to smithereens. Once you have all this proof with you, its time to shun the defensive approach, and call the shots. Go ahead and file for divorce.