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(Guest)

Divorce on Desertion Basis

Dear Sir,

This is Gyanprakash Gupta from Nashik, I got married in 2004.
My wife stayed with me only for 3-4 months till now she has not returned from her parental house or she is not comming from there.

Can I go for Divorce on Desertion basis becoz already 6+ years have been passed.

She is not ready for giving the divorce on mutual consent also.
For that what i have to do.

Please advice me. Can i go for Divorce on desrtion basis..

Regds
Gyan
 



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 June 2010

You can file for divorce on the ground and desertion.


(Guest)

But mam, how much time will it take ??

Adv Archana Deshmukh (Practicing Advocate)     23 June 2010

Nobody can tell you that, because no one here can predict what'll happen during the trial. You'll have to prove desertion and your wife may come up with a case that she was illtreated by you and so she was compelled to leave your house. Such contested cases may take some time. In matrimonial cases, it is always better you settle the matter out of court and go for divorce by mutual consent.


(Guest)

file a case of desertion first then go for mediation . dont talk to her to settle it by consent . if she files dv or 498a u will be in a mess.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     24 June 2010

Dear Gyan I have deep sympathy with you. Your plight has become every second man's story. you must move for divorce on the ground of desertion as the marriage has been completly failed and moreover she is unable to perform her matrimonial duties. But take my kind advice that first of all you have to prepare your case. As all the law of lans are in favour of women. She may file domestic violence case inter alia in future. So first go to concerned Police Station and Lodge a complait that your wife has deserted you and threatening to you to implicate in a false and imaginary case of domistic violence for dowry. This complaint will help you during trial a lot. Then move divorce petition. And I am sure that you will get decree of divorce very soon. Best of luck.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     24 June 2010

Dear Gyan I have deep sympathy with you. Your plight has become every second man's story. you must move for divorce on the ground of desertion as the marriage has been completly failed and moreover she is unable to perform her matrimonial duties. But take my kind advice that first of all you have to prepare your case. As all the law of lans are in favour of women. She may file domestic violence case inter alia in future. So first go to concerned Police Station and Lodge a complait that your wife has deserted you and threatening to you to implicate in a false and imaginary case of domistic violence for dowry. This complaint will help you during trial a lot. Then move divorce petition. And I am sure that you will get decree of divorce very soon. Best of luck.

(Guest)

Sir, where this complaint is to be lodged in my case ?

I think it must be lodged at Nasik..Please advice..

Rgds

Gyan

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 June 2010

fit case for divorce under desertion ground. proceed with your case..


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