IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sridhar0123 (Engg)     19 June 2015

Divorce on desertion

My friend married in 2008. His wife left her husband’s house after four days of marriage. After marriage, she had gone to Patna to continue her MBA study. My friend was also studying and he had also gone to pursue his master. Both side continued meeting till 2009 and after that she refused to meet her husband. My friend field RCR in 2013 and got the decree Ex-parte in August 2014. Soon after RCR decree my friend filed divorce on the ground of desertion in Aug 2014. Initially she did not turned-up in court but after notification in newspaper she appeared in court. My friend is a NRI. Court asked her, if she is ready to go with her husband then court will ask her husband to come in court. She refused to go with her husband. Court asked for mutual settlement but her father did not agree. Her father requested court to cancel the divorce case because, this case should be filed only after one year of RCR decree. But, court refused to cancel the divorce and put a fine of RSXXX on her father. Now this case has gone into contest. My friend’s wife told over phone in past to my friend that she is in love with someone else and wants to marry the guy. My friend recorded this phone conversation on his mobile. My friend requested her for mutual cosset divorce but she refused. She is suspected to be in relation with the second man (But no proof). Her father is very influential man and her brother is a judge. My friend is from a modest family. Currently witness from my frinds side is ongoing. Can someone advise what to do to get divorce soon. Its more that 5 years since she deserted.


 6 Replies

sandykrish (Interested in Family LAW)     19 June 2015

Contest the case on merits, typically these cunning fathers anticipate some alimony to exit, see time and tide will wait for no one. Have a mutual chat, if they looking out for money negotiate and start a fresh life.

saravanan s (legal advisor)     19 June 2015

hire a detective and gather proofs for her illegal relationship.that will help you to prove adultery on her part

Sachin   19 June 2015

Hii, I have one known person in our society. They are very close to my family.their eldest son married 12 year back.Then the same guy married secratley with other woman also, so now he has two wives. Due to this reason their family shattered completely. His first wife is a housewife and very simple lady who does not know how to pursue him legally.moreover his second wife knew this thing that this man is already married and have three children.knowing all this she went ahead with her descion to marry.....kindly let us know what could be done to send him behind the bars for this act.we want to know the procedure so that right of this women could be protected and empower her to construct a defence against further harassment.

Dr J C Vashista (Advocate)     20 June 2015

There are 2 different queries in this post.


Let any one be there any status of job, law is with the truth. Tell your friend to pursue his divorce case vigrously he will have the day. Current circumstances are with the husband and wife cannot be allowed to live with husband.


Do you have evidence that the guy got married second time and Hindu? If so, you can move a case u/s 494 IPC for bigamy. Besides this, second marriage is void.


Rightly concluded by Dr.Vasishta

Amol Kende (No)     28 June 2015

I agree with vashista sir

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query