aman (associate) 08 May 2010

divorce advice

I have been staying with by parents from last 2 years by wife is staying with her parents in another city, now she is asking for the goods which she brought when we were married, wanted to know the procedure for getting a divorce and need to know what harm it will make if I apply for a divorce as her parents are not interested in getting the divorce done, can they demand for money or not she thinks that I was not loyal to her due to which she left me.

Thanx

Aman..

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 May 2010

If they are hindus divorce can be filed only on the ground of desertion under HIndu Marriage Act. If muslims they have to follow the procedure of prounouncing Talaq or declaration suit to dissolve the marriage.

adv. rajeev ( rajoo ) (practicing advocate) 08 May 2010

It is the duty of the husband to maintain the wife. Divorced wife can claim maintenance.

G. ARAVINTHAN (Legal Consultant / Solicitor) 08 May 2010

Wife can file maintenance any time. Before divorce or after divorce is irrelevant

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 08 May 2010

Dear Aman

In your case you have right to move divorce petiton on the ground of desertion. Desertion means your wife has left your company sice long and no more interested to join your company. Hence the very object of the marriage has failed.

as far as maintenance is concerned she is entitled till remarry. before marriage or after marriage is irrelevant.

Dont hesitate hire an advocate of your choice and go for divorce.