Prasad (IT Consultant) 22 April 2013

Divorce and maintanance

Dear Experts:

I got married in 2008 Jan. We are not getting well along with each other.
We have been facing constant quarrels from the day 1 we got married.
My wife is harsh and her intention is to saperate me from all my parents and relatives. I have no evidence to prove it. She has been raising quarrels all through 5.5 years in order to acheive her target. her parents are her supporters in this game.
I lost my father and I have only mother from my end. I did sepnt long hours explianing my wife that she is doing wrong. No use she is on the same path.
I had a baby girl in 2010... My wife started more quarrels bcoz she doesn't want my mother to interact with my daughter. the funniest part is she just need her parents and relatives and finally me to support her needs.
I came to USA in 2010 end leaving her in India and requested her to come and join me after 3 Months. She did pick quarrel with us and left to her parents place in May 2011.
We did several mediations through elders, She claimed that there is no food in home to eat and she lied that we never gave her food from the day 1 of marriage. Infact we are in better economic status if compare to her parents and I used to show lot of affection and most of the time I used to force her a lot to eat well and to be health. The good part about me didnt come out finally. It hurt me deep in my heart and I did face lot of psychological problems like depression etc and started not doing well at work.
I love my wife a lot, No doubt, but I dont want to lose my mother.
I did request her a lot to come here.. she did ignore me alot... it never happend she coming here...
Recently there was a mediation in 2012 August happend and elders forced her to come home and she went to my mothers place and soon after my mother questioned my wife while she was beating my daughter and in turn my wife did beat my mother and left home. It is 2 months by now there is no response from her. When I tired to mediate again she claimed that I never asked her to come and join?

I really tired and have no patience to deal with her any more.

Out of 5.5 years of married life she just stayed 2 years here and there.

Now want to give up.. decided to go for divorce.
I have questions about possibility:

1. Am I eligible to get divorce and am i need to physically present in India?
2. Can she file a Maintanance?
3. Can she file share of my property?
4. I want my baby back. Is it a posssibility?

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 April 2013

Dear Querist

as per you information

1. Am I eligible to get divorce and am i need to physically present in India?

you can file a divorce petition u/s 13 (1) (ia) of Hindu Marriage Act, physically presence is mandatory.

2. Can she file a Maintanance?

Yes, she can claim maintenance from you.

3. Can she file share of my property?

No, she can not claim property.

4. I want my baby back. Is it a posssibility?

yes, it is possible, file a suit for Custody of child u/s 25 read with section 7 of Guardian And wards Act

Feel Free to Call

(Guest)

All these are not the features required to lead a happy married life.

Regarding your questions.

1. Am I eligible to get divorce and am i need to physically present in India?

Yes.

2. Can she file a Maintanance?

Yes.

3. Can she file share of my property?

Depends on her next move, after you file for divorce. In short, yes.

4. I want my baby back. Is it a posssibility?

Chances are frankly, NO, you might get child visitation rights.

Ratan (Head) 22 April 2013

can a wife who has left matrimonial home 6 months, not willing to come back and not willing to give divorce; fight back on the same for the reasons for alcohol, if the husband files divorce...if so what can she do and what the husband can do...

Nandha (NIL) 23 April 2013

@ Prasad,

If you file for divorce, you will get a number of cases in return from your wife like maintenance case, domestic violence, 498a etc.,

It has been only 2 months now since your wife left your home. Wait for some more time. Keep sending letter (registered) to your wife asking her to come and live in ur matrimonial home. If she receives the letter and did not reply, it will help you in future litigation. If she does not receive the letter at all and sends it back, then you should realise that she has already prepared to revenge you legally.

File NCR in your local police station that your wife is not staying with you for the last 2 months. Tell them that it is only an information application and no action be taken. Since you have a child, keep sending money via bank transfer to your wife account. If she has access to email, send a simple email that you have sent money for her and child. If possible, mark a copy of it to any of her close friend. This will help you if she claims that you did not ask her to come and join you and you did not take care of her and child.

After 6 months, send a legal notice asking her to join. If she does not react, after 1 year file for divorce.

Do not send any of your family members to her place to call her and ask your family members not to talk to her over phone. Still if they want to talk, ask them to record the conversation.

To safeguard your property, transfer it to your parents name immediately. Getting Child custody is very difficult. Prepare yourself mentally that you would get only visitation rights.

thanks