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Naitik (Owner)     16 January 2014

Clarification on desertion clause

Hi,
Need some clarification on certain clauses -

Background -
I got married 7 yrs back. There is a high level of difference in financial status of our families, she being on richer side. Also, there is a high level of difference in my education/exposure level and hers. In addition to this, she is too much superstitious accompanied with a inferiority complex. Due to this, as of now, there are a lot of differences between us primarily psychological issues being main reason. I suggested to visit a marriage counsellor or psychiatrist as well, but she as well as her parents declined. So no solution to this situation. Now I have decided to get out of this situation and have visited many websites.


Question -
1. In case of divorce on ground of desertion, if I stay away from my wife for two years + period, then I can file a petition. But if I am out of country where I am not willing to be approached by her, does she or law have a chance to void off the period spent out of country?

2. In my case, my wife seems to be psychologically sick but not ready to visit a psychiatrist. Also, she is not sick to a level which are ground for divorce. She is good at finding a wrong justification for every wrong doing. I am having two daughters ( 4 yrs and 8 mnths old). She is not permitting me to take them to any place without her consent as she believes that my family will do some black magic on daughters and both will start disliking her. I understand that she is not willing to stay with my family but that has to be dealt amicably. Do you have any suggestion how to deal with such situation?

Regards,
Naitik



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     16 January 2014

You do not have any grounds for divorce, because the problems you have stated against her seems to be normal wear and tear in a matrimonial home.  If you have been staying away from her on your own that too in a foreign country, it cannot be construed as desertion by her which can be considered as a ground for divorce. Adjust with her and restart or resume your marital voyage with her atleast for the sake of your children and their future.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 January 2014

Dear,

If because of her pyhsco. behaviour she creates any problem for you and your family, then you can file a divorce petition on the ground of cruelty, but the same must be of high extent(which would satisfy the court that living together is not safe for you and your family) then only you can file a divorce petition, else I don't think there is any ground as of now.

Advocate Kapil Chandna

9911218741 


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