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Lakshminarasimhan (Manager)     08 November 2009

Divorce Proceedings


I was married in Oct 2007. My wife deserted me in Feb 08 within 3 months of marriage.

My wife left me when she has just concieved and delivered a baby in Sep 08 in parents place. We have been living separately ever since and I have never been with my baby.

I have filed a police complaint in her native place that my wife is not living with me and have asked them to reunite us. She had given a voluntary written statement that she will return in Sept 09 but did not come

I attempted many times to reconcile faling which I gave a legal notice in Aug 09. She replied giving unscruplous allegations and demanded for separate living which I have always said no to her.

I gave her a weeks time in my reply notice  to retem and she has not repsonded so far.

Last week I recd a call from Social Welfare Office, Directorate. of Social Wlfare, Tamilndu asking me to come for an investigation for a complaint filed by my wife through RTI.

I told her that I wish to resolve this before court and she can close the case on that basis. The lady refused and asked me to be present next Friday.

Do I need to go as I dont want to meet her and no longer have any interest to live with a woman who deserted me for no valid reasons.

I am no more interested in carrying this burden and wish to apply for a divorce.

Can you please guide me on this and how do I go about filing a divorce and getting separated.

What is the normal wait time and the stages of this legal proceedings.

my wife is not in for a mutual divorce.......


 20 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005     08 November 2009



First go and attend the Social welfare office and deposit Photocopies of your complaints and legal notices and ur demand to come back. else they may proceed to file any false case. Then file a case u/s 9 of HMA and then u will get divorce easily and even court may not allow her maintenance also coz she deserted you.


Mrs. Hetal Sunil Shah (Advocate)     08 November 2009

Hon'ble Kamalji is right follow him.

Lakshminarasimhan (Manager)     08 November 2009

Thanks Mr Grover and Mrs Shah,

But my advocate says that since we have already filed a police complaint in which I have mentioned that my inlaws have threatened me on 498a , DV and also complained that my wife has also threatened me that she will commit suicide if I do not agree to thier terms.

Moreover my wife had also given an written statement that she will not cause any issue to me and my family and will live together.

Do u still feel that there are chances for filing False cases??? Please advice...

If required can I attach the entire history for you to look into and advice accordingly.???

BG (Propriter)     09 November 2009

Dear All....

My Cousin sister , who is 24 years old is married to a man in Vizag near Hydrabad since 2006 sept. This year sept by some way he came out with some truth about himself, that he was already married and has 7year old child who lives in Hyd. After knowing the truth she has left her huose in Vizag and has moved in her mothers house in Kolkata with her one year old daughter. It seems that his mother and sister(who lives in USA knew about his first marriage but kept my sister in dark). That man had the courage to have a register marriage with my sister. After marriage he has shown his colour, he useto regularly drink and beat my sister. Pls advice how to proceed further from her so that we can see that man behind the bars.

BG (Propriter)     09 November 2009

Iam new here so this message is not for you. it is for the honarable lawyers.

Sanjeev Kuchhal (Publishers)     09 November 2009

Mr.Lakshminarasimhan, if your wife had given an written statement that she will not cause any issue and live together, I think the same amounts to condoning of the earlier acts of cruelty, if any.


I don't think that case filed by relying on any earlier incidents would be maintainable.

Sanjeev Kuchhal (Publishers)     09 November 2009

Mr.BG, second marriage when the first marriage of the husband was subsisting would be void. Second wife cannot assume a character as wife and it is no marriage in the eye of law. Neither the complaint u/s 498-A of IPC for ill-treatment nor the complaint for offence u/s 494 for bigamy would be maintainable at the instance of second wife.

However you can check with your local lawyer to see whether on the basis of evidence you have got whether you can file the complaint of cheating for concealment of first marriage.

Sanjeev Kuchhal (Publishers)     09 November 2009

Mr.BG, you can also check whether complaint u/s 376 of IPC for rape can be filed because the consent was obtained by playing fraud/deception without which the she would not have consented.

Lakshminarasimhan (Manager)     10 November 2009




Please refrain such people to post in another thread. Kindly delete post by this gentleman.



1 Like

Lakshminarasimhan (Manager)     10 November 2009

Dear Sir,

Though she had given the same to the police, she had replied in her reply notice that she was forced to do so by us and was not willing to give the same. Moreover she never kept her word and has not returned to her matrimonial home so far.

Please advice what to do next ? When can I apply for divorce as I am not willing to live with her anymore ?

Sanjeev Kuchhal (Publishers)     10 November 2009

Sir, this seems to be some vague argument. She has handed over to compromise to the police and at that time she could have made a grevience that it is taken by force. Generally such afterthoughs are not entertained by court of law.

However in case she has not returned, you can file the petition for divorce on the ground of desertion.

In the alternative you can file proceedings for restitution of conjugal rights u/s 9. If after passing the decree she does not return within the stipulated time you can file a petition for divorce u/s  13(1A)(ii) of H.M. Act.

Lakshminarasimhan (Manager)     10 November 2009

Dear Sir,

This has been the problem with her ever since she has left me. She is neither coming for reconcilation nor she is willing for a divorce.

Just before our police compliant she had filed an RTI on DV against me. The lady from the dept of social welfare called me for an investigation. Though I intially refused, she persisted me to come and for talks which i agreed. Do I really need to go and meet her or can I just wait for the desertion period to complete and then a file

please advice me.

Meenakshi (Lawyer)     10 November 2009

 LAksh............Instead of complicating issues I think you need to solve problems that come your way and that can be solved...Just face it like groverji said with XYZ copies that u need to furnish .It might happen that they are unaware or they dun believe your initiation of  legal actions by you.Also go ahead with Filing a divorce petition on grounds of desertion and Restitution of conjugal Rights...

saumit joshi (advocate)     10 November 2009

But, on the record in police complaint she had given consent to live together in her written statement. so contradiction is not arise. fist of all u had given all procedings copies to social welfare organisation and serve a notice u/s sec 9 of Hindu marriage act. through ur lawyer  immediately.

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