Pen.bw (engineer) 29 November 2013

Help needed for divorce with my wife

Hello,

First of all thanks a lot for giving me an opportunity to contact you to bring this case in this forum..

Below I am furnishing my problem, could you please give me suggestion if you have time?

I got married in 2010 Aug.I was 28 years old and my wife was 18 years old(as per her study certificates(fake age) but the as per original birth certificate she is 17 years 10 months old) .

Due to work I went abroad and she was studying in her home town.

But from the very beginning she was influenced by her parents and used to act as per their instruction. We always had some of the other discussions because of there parents.She also never called or talked to me frequently. The phone call also lasted for hardly 10 mins. This was continuing from past 3 years. I thought it might be the distance which is creating this issues so i have sent all the necessary documents to come abroad once she completed her studies and then she went to apply for her visa. Then she said that the VFS(embassy people) said that she need to do a language course. I have asked her to do it in bangalore so that she can stay with my family and accomodation is free and I need to pay for only the tution and This was in august I have told her but she never talked about it till now and also she never showed intrest in coming here to stay with me. I guess she has not much intrest in me. So I would like to know which divorce i need to apply.

Please help me...I dont want my family do get in trouble. I have also collected a lot of emails to show that i have processed for the visa and also evidences of birth certificate and all.

Regards

Pen.bw

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2 Replies

Pooja Hegde R. (Advocate) 01 December 2013

You have a problem here. Intercourse with one who is under 18 is rape and here consent or knowledge does not matter. This complicates your case. Please be careful in this matter. Also to be safer hire a known lawyer who will protect you.

Advocate Ashok Kumar (Counsel) 02 December 2013

Hello,

In India, the grounds for divorce vary according to the mode of the marriage, i.e. under what law the marriage has taken place. Most divorce proceedings proceed under any of these following grounds: Adultery, Cruelty, Desertion, Conversion to another religion, Mental disorder, leprosy, Venereal Disease, Renunciation, Not Heard Alive, No Resumption of Co-habitation, The husband’s whereabouts are unknown for a period of four years, fails to provide maintenance to the wife for at least two years, has been under imprisonment for seven or more years, is unable to meet the marital obligations or indulges in acts of cruelty. Non-consummation of marriage within one year and Pregnancy by some other man provided the husband was unaware of the incident during the time of marriage and that he must not have undergone s*xual intercourse after he came to know about the situation. You will have to consult a lawyer if you are serious about proceeding with the divorce. However, I suggest you try to file a petition in Court for restitution of conjugal rights. A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. You will need a good lawyer who can file such a petition on your behalf. Further, your wife may even file false cases against you, so you should be prepared if your marriage does not seem to be working at all.

Regards,

Advocate Ashok Kumar; www.lawkonect.com