divorceboy (finance officer) 07 July 2012

My divorce

Hi All Legal Experts,

I am a husband and filed a divorce case in family court against my wife in last month.My wife is working as software engineer and presently she is in USA from April 2012 because of her project work.

I was married on 2nd May 2011.It was arranged marriage as per Hindu marriage law. From first day of our marriage she is quarrelling and speaking bad words about my parents and sister. Me and my wife were staying in mumbai after marriage and my parents are staying at delhi. After comming from delhi after marriage my wife demanded to take seperate residence which will be far from the area where my sister reside else she will not stay with me permanently (as per her sms). My sister is married and she is staying with her husband and her daughter. neither my parents nor my sister visited our residence after our marriage .

family members of wife also supporting their daughter and try to prove I am wrong. parents of wife also not co-operating .

From last 10 months she is not communicating and residing seperately.I tried to reach her by sms,phone calls,email,in person ,etc.. but she did not replied.I had also sent her written letter stating come back to reside with me but she did not replied till now.She went to USA for her project work in april first week(information told by company manager) but her parents informed me regarding her visit in the last week of April 2012.

I had filed divorce case in the month of June 2012. Please answer my queries.

(1)What will happen if my wife dont come to court in india as she is working in usa for project related work?

(2)If she submits Affidavit that she cannot come to india for one year becoz of her project work do i need to wait till one year for divorce? For how many years or month court will wait for her to come?

(3)She is earning 7-7.5 lakhs per annum which is higher than my salary plus she is also getting allowances from company till she stays in USA.

(4)We have no baby till now as we were married in May 2011.

Reply Follow

6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 July 2012

Dear Mr.Divorce Boy,

(1)What will happen if my wife dont come to court in india as she is working in usa for project related work?

If your wife fails to appear personally or through an attorney then the case proceeds ex parte against her and you may get a decree in your favour.

(2)If she submits Affidavit that she cannot come to india for one year becoz of her project work do i need to wait till one year for divorce?

No you dont need to wait - the case proceeds in presence of her attorney, her evidence can be recorded on video conferencing. You can seek the Family Court to ask for her presence, the court has the power to order her presence by coercive methods as well.

(3)She is earning 7-7.5 lakhs per annum which is higher than my salary plus she is also getting allowances from company till she stays in USA.

Take my advice in addition to your claim for divorce seek maintenance from her this should set her right.

This should suffice !

Good Luck !

divorceboy (finance officer) 07 July 2012

Thank you Baharat sir for your reply. Can she file false 498a against me? I have read that girls parents can also file 498a against me is this true or only girl(wife)has power to file 498a?.Is there any punishment for wife who files false 498a?

As per new circular arrest will be the last option in 498a but i want to ask u if she complaint false 498a will police come and arrest me or new circular is already came into force?

What will happen if my wife says in court she dont wont divorce and want to stay with me? The girl is not communicating from last 10 months and leaving sepereately. When we talked to her parents that should we try fordivorce they say we dont want divorce and they had married their daughter with me to stay and they dont want divorce but on other end she is not staying and communicating so what will court do in such situation?

If we ask the girl to give in writing before the court that she will not run away again from house and she will behave properlydo court allow such things? Is there any punishment if she still does after giving in writing? Do I have again have to wait for next divorce process for 1 year if i keep her?

Adv. Chandrasekhar (Advocate) 07 July 2012

Originally posted by : divorceboy

Theoritically, section 498-A can be filed. It can be filed even by her parents. But the case will not succeed without her statements as she is the material witness. There is no punishment as such for filing 498-A. But, if the husband will be acquitted in certain cirumstances, husband can file defamation case and / or malprosecution case against the complainant.

As per new circular arrest will be the last option in 498a but i want to ask u if she complaint false 498a will police come and arrest me or new circular is already came into force?

Section 498-A complaint will not allow the police to register FIR instantly as it is matrimonial offence and as such mediation / conciliation is the first step. Failure of that results to registration of FIR and at that juncture, you have to go for anticipatory bail/ regular bail.

What will happen if my wife says in court she dont wont divorce and want to stay with me? The girl is not communicating from last 10 months and leaving sepereately. When we talked to her parents that should we try fordivorce they say we dont want divorce and they had married their daughter with me to stay and they dont want divorce but on other end she is not staying and communicating so what will court do in such situation?

Just saying is not enough, but she has to prove actually what she is saying. She must say in clear cut terms that she wants to stay and realyy stay with you. If you do not want her to stay with you, you have to show the court the grounds of cruelty to decline her request.

If we ask the girl to give in writing before the court that she will not run away again from house and she will behave properlydo court allow such things?

Such conditions, court will not allow you to put nor she will abide to such conditions. By refusing to accept such unreasonable conditions, she will not attract any adverse attitude from the court. She simply says in the court that she has neither run away not behaved improperly and the cirucmstances created by husband forced her to stay away from him. Prepare yourself for such defence.

Is there any punishment if she still does after giving in writing? Do I have again have to wait for next divorce process for 1 year if i keep her?

Hypothetical question. she does not give any thing in writing. If she gives ( I am quite sure she will not give), then also you refuse to accept such undertaking on the ground you do not believe it.

(Guest)

Demand huge money in alimony if you want to make her contest.

If you think she will not appear and want quicker divorce then do not ask for alimony.

You can later ask for alimony after grant of divorce.

divorceboy (finance officer) 08 July 2012

1) My wife already in USA becoz she is sofftware engg. and company had sent her for project related work since April 2012. Before leaving for USA she did not met me or informed me regarding travel.Now her mother is also vacating the house where they used to stay on rent. The court summons are yet to be delievered what are the next steps if her mother also vacate that house? How can i send the summons ? (2) If i deliver summons through newspaper printing or paste the summons on door of wife house or society where she stays but presently wife is in us will she read or not no guarentee? (3) Can I deliver summons to her brother in law but my advocate says her brother in law may put defamation case against me that neither girl nor her mother stays here why summons delivered to him? (4)Summons sent by email only shows mail delievered but no guarentee whether wife had read it or not? (5) What happens if family members or relatives of my wife refused to accept summons?

(Guest)

First change your lawyer.

Originally posted by : divorceboy
	(3) Can I deliver summons to her brother in law but my advocate says her brother in law may put defamation case against me that neither girl nor her mother stays here why summons delivered to him?