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vardini2k (n/a)     03 September 2013

Divorce, wife refusing to give

My friend is asking for divorce from his wife. She deserted him one year ago. Now last week she came back claiming that she's going to live with him. My friend wants divorce from her. They have a 5 year old child. 

He has not gone home since she came home. What does he next? He also requires an advocate experienced in divorce.



Learning

 3 Replies


(Guest)

With half facts of the query you will get only half suggestions,plz don't get shame or afraid of putting the relevant facts and circumstances of the case.

As typing words are not costlier than the actual remedy of your case...


regards,


Mithun (medical rep)     03 September 2013

There are basically two kinds of divorce:

contested  mode divorce or by mutual consent  divorce

consent. As the name suggests, in a divorce by mutual consent both  husband and wife agree to end their marriage and they jointly decide on questions regarding child custody, maintenance, etc  etc  .  ===> In your  case  this is not possible  since she demand she need to stay back  - forget about  this 

In a contested mode divorce ==> In a contested divorce, either the  husband or the wife petitions the  court to grant a divorce, based on any of a number of grounds, which the other party will “contest”. The court grants a divorce only if it is  satisfied that these grounds for divorce exist. 

 

What are the different grounds for divorce? There are a variety of grounds ,for divorce in the case of a Hindu marriage. The grounds available to the  husband alone are given below: there are  other ground as well .

 1, Cruelty;

 2, Voluntary s*xual intercourse

3, outside the marriage;

4,  Desertion for two years or more;

5,  Insanity;

6,  Conversion to another religion;

7,  Leprosy or venereal disease;

8,  Renouncing the world by entering  a religious order;

 9, Not being heard of as being alive for seven years or more;

10,  No resumption of cohabitation

You better identify   on which one  can be  mapped above to her and  file a contested mode divorce  ,  it take  good amount of time min 2 yrs to   5,6 yrs depend  on the case trails get  the  judgement or court order.

vijay (health and safety professional)     04 September 2013

man its a cruel world and you being a man the law will be on her side.

firstly collect all proofs and evidences of his wife's desertion and sue her for bigamy. if u cannot prove bigamy, then you will have to prove that she has deserted him without any cause from his side otherwise she will say she has deserted him due to his persecution then the case will turn against him.

be wise, do not trust anyone and discreetly consult a reputed lawyer.

do not forget that if u demand a divorce, it is your responsibility to prove the court that she has deserted you first and apply the Rama-Seetha case of agnipareeksha which no women can take now and you have to prove that you would not take back a wife once she left you of her own.

ha however the court will ask you to give her and the kid alimony which you have to think of

good luck 


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