A.N.VERMAS (lecturer ) 23 June 2012

Divorce

RESPECTED SIR I AM WORKING WITH PUNJAB GOVT. SALARY 38000 P.M. WIFE ALSO PUNJAB GOVT.EMPLOYEE HAVING SALARY 31000 P.M. SHE LEFT ME ONE YEAR AGO BECAUSE MY SON IS SUFFERING FROM BLOOD CANCER(DEADLY CHRONIC DISEASE DECLARED BY PGI CHANDIGARH) AGE 6 YEARS. SHE SAID THAT SHE DOESNT WANT TO SPOIL HER WHOLE LIFE.WHEN SHE LEFT ME SHE WAS PREGNANT. SHE GAVE BIRTH TO A BOY. SHE DOES SOT WANT TO COME BACK. MY PARENTS ALSO EXILED ME FROM HOME. NOW I AM LIVING ON RENT WITH MY ILL SON. TRAETMENT IS OF 3.6 YEARS. I WANT DIVORCE NOW. AND TO WANT RESETTLE SO THAT I MAY FIND A PARTNER TO SAVE MY SON.CAN SHE CLAIM 50 % PROPERTY SHARE AND MAINTENECE? IS HER ACT CRUELITY? IS IT THE GROUND FOR DIVORCE AND WHAT ARE CHANCES? HOW MUCH TIME IT MAY TAKE?

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 23 June 2012

Dear Querist,

1. Abandoning her responsibilities as a mother and a wife, and deserting without reasonable cause is cruelty of the highest order and desertion.

2. You can seek a divorce on the above grounds ! But be prepared to face counter 498A/406 Cases (there are certain informatories that you can do to greatly protect you)

3. Contested Divorce takes a long time. But file it eventually the court try reconciling and a Mutual Consent consensus can be formed at that stage.

4. The 50 % property law has not been passed yet so stop worrying. She can also not seek maintenance as she is earning almost the same salary and you have a ill child to take care of, medical expenses and everything.

Feel free to talk !