divorce proceedings


Hi,

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.......


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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

 

 

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.

Regards

 
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Hon'ble Kamalji is right follow him.

 
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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.???

 
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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.

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

 
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Publishers

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.

 
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Publishers

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.

 
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Publishers

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.

 
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MR BG,

DO YOU HAVE ANY IDEA WHAT YOU ARE DOING IN MY THREAD ??? YOUR ARE POSTING YOUR ISSUE ON MY THREAD??? WHY DONT YOU GATHER SOME COMMONSENSE BEFORE YOU START POKING YOUR ISSUE INTO OTHERS.?

Moderators,

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

 

Regards


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