sathya (FINANCE EXECUTIVE) 15 March 2009

help me to get divorce from my wife

breif about my case (bangalore) which is dismissed:

i got married on 23.4.04 we lived for few month by that time i came to know about her. she was not listening to my word and not respecting me and my family member and not providing food but instead i was doing my responsiblity perfectly which her relations know very well. she was pregnant and went to her mother house at vellore and gave birth to boy child on 20.12.04 i taken cared her very well during her pregnant time, delivery and after the birth also. but she was not changing her character has she was not respecting and when i called her relatives and spoked about it they told that it was expected only because my in laws want me to be puppet husband for her daughter. which is ofcourse not possible for me. my inlaws were not ready to any panchayat and only there relatives attended the panchayat went vain. than i applied for divorced on 28-9-05. the case was dismissed on 27-8-07 for want of proof of cruelty say demand entire salary and behaving cruel which i raised in the divorce petition. in the mean time she made a maintenance petition in chennai and claiming maintenace since 13-2-06 till now. i want to reopen by case or make fresh petition.

now my question is that:

now it is 3 year that we are living separately and she is getting mainteance also since 12.2.06 what is chances of reopening of my divorce petition in bangalore or fresh petition is need and chances of getting divorce

kindly give me valuable suggestion for getting divorce.

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7 Replies

Amarjit (Advocate) 16 March 2009

Sathya,

You can always file divorce petition on any fresh ground as it is a continuing cause of action. You have written that your case was dismissed on 27.08.2007 for want of proof of cruelty, however, as you rightly said that your separation of 3 years is a good ground to again file case for divorce.

In the alternative you can also explore the possibility of mediation or Lok Adalat to get your case resolved i.e. get divorce through the process of mediation

PALNITKAR V.V. (Lawyer) 16 March 2009

You may file fresh petition.

sree (Lawyer) 16 March 2009

Hi Sathya,

You can file a separate divorce petition with some new grounds. You file a petition for restitution of conjugal rights. In this petition you will get an option for getting divorce also. You can avoid maintenance also.

Thanks,

Sreedhar

adv. rajeev ( rajoo ) (practicing advocate) 17 March 2009

u can file a fresh petition on desertion hindu marriage act

Prabhat Kumar (Advocate) 19 March 2009

Under Section 13 of the Hindu marriage act willful dessertion is one of the ground available to the parties for getting divorce. In the year 2005 this ground was not available to you.

Now you can avail this ground and file a fresh petition.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 20 March 2009

u can file a fresh petition.

TUSHAR SUMAN THAKER (ADVOCATE) 20 March 2009

This is a complicated case as much has happened since 2004. To give a proper advice to you, every aspect of the case is required to be considered in detail. Maybe the case for divorce on the grounds of cruelty was not pursued properly. The Judgement dismissing your petition for divorce has to be studied, the judgement awarding maintenance has to be seen, etc. Therefore I would suggest you consult a competent advocate with all relevant documents so that your case can be suitably evaluated and proper advice can be given to you.

However from what you have stated, I can advise you on the courses available to you as follows. What exacrly you should do, I can only advise after going through all relevant documents.

1. Since the cause of action in the present instance is a continuing one, res judicata is not applicable here. You can file a fresh petition for Divorce even on the ground of cruelty, though the same was earlier dismissed, since fresh instances of cruelty is occuring day to day. Denial of cohabitation with you without reasonable cause may also amount to cruelty.

2. You can also file for Divorce on the other grounds for divorce as mentioned in section 13 of The Hindu Marriage Act. Desertion by the wife is also a good ground for divorce here.

3. You can approach the court for setting aside or modifying the order for maintenance as the original order was passed in 2006. You will have to show that the conditions since that time is no nonger in existence or has changed. For example the income of the Husband may have decreased in the meantime or the wife may have started earning sufficiently to warrant modification of earlier order.

4. You can also file a petition for restoration of conjugal rights under section 9 of HMA. The onus of proving existence of sufficient grounds to stay separately from you would be on your wife. If you get this order from the court and still your wife refuses to stay with you, you can again file a petition for divorce.

So Take heart. Things are seldom as bad as they appear to be. With proper attitude and application of mind, mountains can be moved.

You may write to me at tsthaker@rediffmail.com.

Best of Luck.