PLM1974 (.) 26 July 2012

Divorce

Dear Team,

I have had an inter-caste marriage in 1996, and within days realized that he is good for nothing person. However we have helped him settle in life many a times with no result.
In 1998 my son was born (which was objected by my husband saying he is yet to settle in life and I should undergo an abortion).
In 1999 he filed for a divorce on the grounds that I don't respect him and I always live with my parents, however the Judge has reprimanded him and suggested him to withdraw. With the fear that I might ask for maintenance, he withdrew his case.
In 2002 my parents helped me with Rs.4 lakhs to purchase a flat on a bank loan, which has been registered on both our names.
From 2003 onwards he has become a patient of psoriatic arthritis. During these 16 years of marital life we haven't lived together consecutively for atleast 6 months nor he ever bothered to earn for me & my son. Neither has he ever bothered to clear the home loan.
Currently he is absconding from the town that we live.

I'm tired of having tried to keep this relation alive in these 16 years, on what grounds can I file for divorce. All I want from him is:

1. Hassle free & quick divorce.

2. Not asking for a share in the property and maintenance.

3. Also most importantly he shouldn't claim any rights on my son.

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5 Replies

Tajobsindia (Senior Partner ) 26 July 2012

Originally posted by : PLM1974
	In 2002 my parents helped me with Rs.4 lakhs to purchase a flat on a bank loan, which has been registered on both our names. XXXX During these 16 years of marital life we haven't lived together consecutively for atleast 6 months nor he ever bothered to earn for me & my son. Neither has he ever bothered to clear the home loan. Currently he is absconding from the town that we live. I'm tired of having tried to keep this relation alive in these 16 years, on what grounds can I file for divorce. All I want from him is: 1. Hassle free & quick divorce. 2. Not asking for a share in the property and maintenance. 3. Also most importantly he shouldn't claim any rights on my son.

1. Via MCD (Mutual Consent Divorce) is one option to sum up your three questions

OR

2. Via 'desertion" means you pack up your stridhan and shift to natal home with son and carry on with life.

Reasoning:
A. For 16 years you say you somehow carried this relationship.
B. You are not interested in Maintenance as well as return of investment in flat nor want the questionable flat’s joint applicant share transferred in your sole name.
C. You don’t want the party’s son to have interaction with natural father.
D. He is currently not cohabiting and it is no once case that he may come and continue and or may not even come.
E. The moment you leave behind your past and start fresh either he may file RCR OR Divorce (on your desertion ground). Resist RCR but don’t contest Divorce if MCD was not what was meant to happen for “smooth” transition as you asked. I am not sure today what Court will say about “visitation” rights but say he will get some rights to visit his son which with passage of time can be managed.
G. With MCD more clarity to yoru marital status is visible but then I keep reservation about it that he will agree to it in current situation.
H. With desrtion your marital status remains controversial but then in society who will question when 16 years already spent in one way journey uptil now.

There may be a minority suggestion on filing plain vanilla "divorce" on "cruelty" grounds but it may go ex-parte as you say currently he is absconding hence I keep reservation on this last advise too.

Addendum:

There is also one more way (not hassle free though) that is file a GD entry police report of husband 'deserting marital home" and continue in that home. If he does not return in 2 years that becomes valid ground for divorce under "spouse desertion" grounds.

Among all above it is your choice which social process flow brings long term happiness into your and your son's life. Make a wise decision accordingly.

PLM1974 (.) 26 July 2012

Appreciate your quick response. Well I guess I wasn't clear enough earlier.

I do want divorce from him, since more of less he has deserted me for years. Besides he is absconding. I do want to re-settle in life and I can't wait for another 2 years to file a police case and go thru that ordeal.

Kindly suggest.

Tajobsindia (Senior Partner ) 26 July 2012

1. Then in that case other than what suggestion were given previously no other legal solution is there in this query. However social solution is always open for you to accept; live the life as it is with prayers !
2. Court cannot come to home and distribute Divorce “Decree”. Court loves litigants and if a litigant has clarity on possible remedy which pleases h/er the most, Court tries to please that litigant as per framework of Law.
3. I have no further solution to offer to you legally, other than observign you have a very unfortunate situation in hand and using law is the only remedy.

PLM1974 (.) 26 July 2012

Thanks again!!

alexander (nil) 26 July 2012

You have stated that he has all along been absconding practically ;- meaning that he has been unilaterally withdrawing from your company without your consent. He couldn't be living alone. There might be other woman wityh whom is living. See if 'adultery' can be proved. that could be yet another cause for divorce.

But as already stated by a learned member ,mutual consent divorce is the quickest possible option. any time aafter six months of filing the MCD petition and by 18 months of instituting the application you may expect a Decree of divorce

alexander

Amateur legal research