Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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harish vats   26 July 2018

Divorce case

I was married in 2014 Dec with girl working in psb bank I too working in PSU bank.since first day of marriage she was not happy with the marriage and we separated for 1 years.tgen came back by family pressure and again went back .she got pregnant when she stayed with me for 2 months .by as she didn't want give birth to child she got tensed after the test comes positive.then again she started fighting with me on irrelevant matters.and left me again finally on 9 July 2016 .I tried to come back her only for sake of my child who was inside womb. in Dec 16 I got sad news from some third person not related to our family or friends that my wife gave birth to child few days back and today child got dead.now since 9july 16 . we have not stayed with each other never met also.now I m looking to file divorce ..please guide me hw can prove the dv cases aagainst her and they even didn't inform.me or my family about children got birth prematurely as anonymous Inform.Can I file on grounds of mental agony and we get separated since 2016.can I file case against the separation for 2 yrs .plz guide


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 4 Replies

satish patil   27 July 2018

file application for restitution of conjugal rights 

but question1} is she wants to live with u?

2} if no than cause behind it?

3} any mediator ?

4} what work u & she do?

harish vats   27 July 2018

@ satish patil hi
thank for reply
i don't wanna file rcr I want divorce petition only bcoz I don't want to live that tortured stressed life even I couldn't sleep for a moment due to her inhumane behaviour .

1.sir she was not ready to live at the moment when she left me on 9 July 2016.we hardly stayed together 3 months since my marriage 2014 Dec.i tried my times to settle my married life Iputted all my best efforts to ask why she is doing like this.i humbly asked from her .even my family members also tried best.but it seems a forcefully marriage .by her parents.she never ready to behave like a husband wife even nor like a friend which is must for any relationship.i asked if she behaves like this if she doesn't wanna talk doesn't wanna live then we may separate legally then she said you do whatever u HV to but I don't wanna live her and she left me carying my baby of 50 days ..in July 16..
2.sir til today I didn't find any reason behind why she is doing like this.she never told me...but used to refuse for taking,physical relationship. I try to ask for go out on any place so that her mind may b changed but she refused to go Amy where. it seems she was just passing the time...sir tell me if taking with wife and saying to live happily is torture then why marriage taken place.. every time when ishe came she did only time pass.i thought she would be okay time by time ..but no way help out .m too on reputed job as officer in govt bank.she is too.i requested her several times before she left me to live happily but she never seems like that.from some sources we came to k is she was engaged to someone and what engagement was broken I don't know the reason .I also asked humbly from her any it when she was with me ...then she told why are you thinking over that engagement nhi his tha.ladke waley dekhne aate or deny b me dete h it doesn't mean ki I was engaged .but she was concealing the facts.i told her I am asking it bcoz you are not showing any interest in our marriage this make me to ask.then she said leave it ....now I don't know why has happened to her before my marriage...
3.there is no mediator sir.marraige is engaged just someone told them abt me and they approached us for marriage ..in the first instance their family members seems normal and simple ..seeing the simplicity I said yes for marriage .
3.m manager in psb bank and she is po in psb bank.
sir tell me the ways except rcr now I want leave her as she has devastated my life ..I just want to live alone.i m ready to contested divorce ..but if u suggest the strong points which helps me in winning the case early I shall b highly thankful.you know due to very busy schedule in banking I HV less time for this .I couldn't concentrate in bank due to tension of this issue.

Tanima Das Ghosh   27 July 2018

Yes, you can. From the details above, it seems that you have lived a pathetic life with your wife. Since you have separated for long, you can file for divorce. I hope even your wife will agree for separation. In that case, mutual divorce can be filed and the process will be shorter. 

satish patil   27 July 2018

Ok Fine Firstly u send him notice for rcr than wait for reply There after two way 1} file rcr petition and she file hir yes or no or nothing do any If file yes or no that is graound for divorce Or if she nothing doing anything exparty order 2} 0r give notice and file divorce on cruelty graund mental and phi also with u and family There is no need to attain court regularly u r council do for u

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