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Sumit (admin)     11 April 2013

Divorce on desertion

Dear Learned members,

I am planning to file divorce, i am searching for a lawyer, but dont know whom to cantact, so i am putting my question here for your advice.

Case details: Got married in May 2009, wife stayed with me for 10days, due to differences and uncompromising nature of both, she left. In Dec 2010 i persuaded her somehow and brought her back, then she told that since we donot tolerate each other and differences in our nature are very high lets part ways and file for MCD. First motion of MCD got cleared on Feb 2011, and again left me. After 6 months i approached her for second motion, she said that she will not go for second motion and court has given her time of 18 months to think, so come to me after 18 months. Even their family members told that if you want her back file RCR else wait for 18 months. After 18 months i approached them, then they said they are not doing anything, if you want to do something then you are free to do so. if some notice comes from court we will reply. and now even she is even saying that she loves me a lot and want to live with me but i first go and withdraw MCD, which they also know is deemed withdrawn after lapse of 18 months. Now its almost 4 yrs after marriage and now i certainly i dont want her in my life. so i am planning to file divorce case.

my question is: 1) can i file divorce on the basis of desertion, if yes, then what counter she will put in court e.g. court only gave me deciding time of 18 months.

2) Can cruelty charges be applied, as i was once beaten by her Boss, who is a property dealer, and they both togather loadged a complain in Police staion when i called 100 number. They even met DCP to put presssure on IO of the police station, but no FIR was lodged in any case.

Looking forward to your valuable suggestion.

Thanks.



Learning

 6 Replies

ajay sethi (lawyer)     11 April 2013

contact a local lawyer . if you dont want your wife back file case for divorce on account of cruelty . she has deserted you more than 2 years back . court must have dismissed your MCD petition as your wife as not present in court . cross check the court records .

 

1 Like

Santosh Kumar Tiwari (advocate)     11 April 2013

You need not to worry much. Approach to the best lawyer in your area and ask him personally and explain the whole facts in details. This small information can only mislead to incorrect decisions.

DV Fighter (Service)     11 April 2013

Originally posted by : Sumit

Dear Learned members,

I am planning to file divorce, i am searching for a lawyer, but dont know whom to cantact, so i am putting my question here for your advice.

Case details: Got married in May 2009, wife stayed with me for 10days, due to differences and uncompromising nature of both, she left. In Dec 2010 i persuaded her somehow and brought her back, then she told that since we donot tolerate each other and differences in our nature are very high lets part ways and file for MCD. First motion of MCD got cleared on Feb 2011, and again left me. After 6 months i approached her for second motion, she said that she will not go for second motion and court has given her time of 18 months to think, so come to me after 18 months. Even their family members told that if you want her back file RCR else wait for 18 months. After 18 months i approached them, then they said they are not doing anything, if you want to do something then you are free to do so. if some notice comes from court we will reply. and now even she is even saying that she loves me a lot and want to live with me but i first go and withdraw MCD, which they also know is deemed withdrawn after lapse of 18 months. Now its almost 4 yrs after marriage and now i certainly i dont want her in my life. so i am planning to file divorce case.

my question is: 1) can i file divorce on the basis of desertion, if yes, then what counter she will put in court e.g. court only gave me deciding time of 18 months.

2) Can cruelty charges be applied, as i was once beaten by her Boss, who is a property dealer, and they both togather loadged a complain in Police staion when i called 100 number. They even met DCP to put presssure on IO of the police station, but no FIR was lodged in any case.

Looking forward to your valuable suggestion.

Thanks.

Dear Bro.

My case is exactly similar to your....My first motion of MCD was completed but my ex doesn't appear for second motion.

My MCD case was dsmissed after 18 months...

Now I have filled dovorce petition  on the grounds of desertion & cruelty.

My ex replied in her reply to divorce petition that  MCD petition was fraud. She has not not signes & doesn't appeared in court at all.

Sumit (admin)     12 April 2013

Thanks all for your valuable suggestions.

@ Need justice - yes i have to say a lot, but i dont want to bore everyone here. After passage of 6months i approached her, she switched off her cell, i went to her PG, where she moved after first motion, she denied meeting, so i went near her office. I was waiting at bus stop in the evening i saw her and asked her to talk to me, she ignored and her freind called her boss, who started abusing me. I told him boss this is none of your business its between husband and wife, then he started beating me, i called 100 number then in order to save their ......, a false case was filed at police station. She and her boss has gone to Kullu manali on several occasion on the pretex of business tour.

@ Pankaj - Brother, my ex accepts that she signed but now she tells i forced her to sign. We went there six times before first motion was accepted, due to bad documentation on our part. and question of withdrawing the case, she says why to withdraw when it get cancelled automatically after 18 months. Life is really tough, with no future in hand.

I would kindly request Tajobs to put his views as well.

Sumit (admin)     12 April 2013

And further submission that we had physical relation for 10-15 times only in first 10 days of marriage. After that never in last 4 years.


(Guest)

A boss will not attack husband if he is just her boss...And he takes her to Kulu Manali...2+2 generally means 4.Make some enquiries in her office.


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