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Subhomoy Das (Retail Manager)     26 February 2015

Divorce

I have posted my problems previously.  My wife have left my home 3 yrs back. We got a son 2 yrs old staying with her mother. My wife is working in a semi govt school near her parents house  and that school is residential so my wife is staying with her son in that school hostel. I wondered how the school authorities is allowing her to stay with a 2 yrs old son in a hostel. Any way i have tried my level best in persuading her to return to my house but she is not ready. Her job is more precious than her family / married life & future of son. Her parents are supporting her. I`m now totally shattered and pissed off. I want divorce because i cant live my life like this alone. She is not ready for mutual divorce. So under this circumstances what action shall i take so that i can divorce smoothly and fast.

1. If i asked to file RCR and if my wife wants to return then ? Under the given circumstances and my mental state i dont want her to return back. that stage & time have passed.

2. I stay at Orissa . She stays at Jharkhand. Our marriage was an arrange marraige and the ceremony took place in my place at Orissa and the marriage got registered in Orissa. So can i file divorce case at Jharkhand or any other parts of India or only at Orissa.

3. Is it possible that i file for Mutual divorce petition and my wife didnt turnerd up at the court. then what will happen? Can i get any advantages ?

 

Please advice.



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 1 Replies

fighting back (exec)     26 February 2015

hi shubmoy.....as per your query.....

 have posted my problems previously.  My wife have left my home 3 yrs back. We got a son 2 yrs old staying with her mother. My wife is working in a semi govt school near her parents house  and that school is residential so my wife is staying with her son in that school hostel. I wondered how the school authorities is allowing her to stay with a 2 yrs old son in a hostel. Any way i have tried my level best in persuading her to return to my house but she is not ready. Her job is more precious than her family / married life & future of son. Her parents are supporting her. I`m now totally shattered and pissed off. I want divorce because i cant live my life like this alone. She is not ready for mutual divorce. So under this circumstances what action shall i take so that i can divorce smoothly and fast.

 

first make up your mind and be firm in your decision..if you want to live with her or part with her......


 

 

1. If i asked to file RCR and if my wife wants to return then ? Under the given circumstances and my mental state i dont want her to return back. that stage & time have passed.

 

first find solid grounds for divorce and immeditely apply for it without delay.

gather proof of her employment and income

 

 

2. I stay at Orissa . She stays at Jharkhand. Our marriage was an arrange marraige and the ceremony took place in my place at Orissa and the marriage got registered in Orissa. So can i file divorce case at Jharkhand or any other parts of India or only at Orissa.

 

why do you want to roam around the country trying to file a suitable place to file divorce?? divorce can be filed only at the place where the couple last resided or where the marriage took place. it would be sensible to file at your hometown...to make it easy for your. she will have to approach the SC to get the transferred to her state.....so if you think she is stubborn enough to file a case in SC for transfer then, file it in her hometown to avoid running around between SC and your state. 

 

3. Is it possible that i file for Mutual divorce petition and my wife didnt turnerd up at the court. then what will happen? Can i get any advantages

 

once you file for divorce, summons will be issued to her and she is bound to come, and if she doesnt turn up after serving of summons and after giving her sufficeint time by the court. the court will grant you exparte divorce. but it is a long long process for an exparte order......


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