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Shivaji Rao (worker)     14 November 2011

Documents/proofs required to prove wilful desertion by wife?

are there any list of acceptable documents/proofs required to prove wilful desertion by wife?

Got proofs like

1. emails from wife saying "she does not want to come back"

2. Voice recordings saying the same

3. Voice recordings of in laws saying they do not want to send their daughter.

P.S: Wife has an affair and in laws supporting it, so wife does not want to come back to husband


 20 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 November 2011

" She does not want to come back" cannot help you to prove the wilful negligence.  To prove it, it requires evience of the elders.

The third one will help you.  If your proved the affair of the wife then you will be succeded.

Shivaji Rao (worker)     14 November 2011

@rajoo: Wife is away from husband for an year or so. Can this be ground for divorce? Is there any limit on how many months/years wife and husband should be living seperately to apply for divorce. if applied for divorce on these grounds, should husband/wife tell why they were living seperately

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 November 2011

These tactics are chidish. Once you allege and even if true but not able to prove it will be fatal for you.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 November 2011

For filing mutual consent divorce one year separation is required.

For filing divorce on desertion ground two years desertion is required.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

Two years desertion is required and all are valif proofd.





Shonee Kapoor

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 November 2011

After this 2 years desertion do husband require to file RCR to show his intention to bring her back or go for mediation or simple divorce case is ok.


And can he file case after 1.45 yearr for cruelty and add desertionafter 6 months.

Shivaji Rao (worker)     14 November 2011

@Shonee: what kinds of proofs are required to prove that husband and wife were living seperately for 2 years.

In my case, I am staying in the USA and wife staying in India.

It is already more than an year since we are living seperately.

rajiv_lodha (zz)     14 November 2011

No need to file RCR in such a case.

Moreover RCR is a useless weapon!

DESERTION grouds have some pitfalls, u shud be aware:

1) Its difficult to prove, she may tell -- we were along for on that day 2 months ago etc etc

2) The term WILFUL DESERTION has many a catch. She almost universally submits allegations in her reply that she has moved away just due to dowry demands, harassment, danger to her life, ill behaviour, job restraints etc etc

So do homework & consult a good lawyer meanwhile

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     14 November 2011

u have to dig up acceptable proof by dercided cases in fly ct/ sc; and folllow the same in ur case ;

desertion , even living in sam house under same roof is also possible, if u prove no cohibition, not on talking terms, not sharing bed & -- so on. Ther are athorities/ citations, & one have to bring his case in that particular forma to win desertion cases.  Lots of grey area in mat laws!

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     15 November 2011

Do sending mails/sms or calling on phone to wife to come back and meeting her to convicne her etc. change the status of desertion.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

If you are in US and she is in India, then passport stamping of immigration would be proof of sdtaying seperately.


Now who deserted whom is a question of trial.



Shonee Kapoor

kusum gupta (prop.)     29 December 2011

we would like to examine your case and the suggest you the best remedy so that you get rid of this very fast.


kusum guota advocate


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Here comes the help.


I hope Ld. Kusum has read the Advocates Act too.

Shonee Kapoor

Jamai Of Law (propra)     02 January 2012

1. any credible proof of factum of separation. (even a legal notice and its reply helps)


2. Any credible proof of continuation of separation as of day of filing desertion plea. (and it should be min 2 years as per HMA)


3. Any credible Proof that other party willfully deserted without reasonable cause (this is where other party challenges the petition and makes the counter allegations)


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