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Narendra...... (Engineer)     28 December 2013

How to proceed for divorce

Hi,


I am get married in Feb 2012 and from Aug 2012 my wife is not living with me. We had argument and now she is not coming back from her mother's house. Our family try to talk to her parents also but no result. From her side i didnt heard anything to resolve this issue. I dont know what they want and now i dont know what to do. Please guide me how i can proceed for divorce as she is not want to come back or agree for mutual divorce.



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 7 Replies

FightforGood (Specialist)     28 December 2013

Dear Narendra, before posting your query, try explore other queries in this forum. Its a common scenario of today's woman. You haven't mention about the argument that you both had before she left. Its regarding ?. Have you gone to her home and had a talk?. What happened when your parents tried to reach them?. If you need experts to help you.. post more information so that legal experts would give you right advise than assumptions.

T. Kalaiselvan, Advocate (Advocate)     28 December 2013

If the talks through elders intervention too failed and she is adamant about her decision to not join you back,send her a legal notice asking her to return to her matrimonial house and if she is not willing to return, she may give her consent for mutual divorce.  If she is not replying,  after waiting for a considerable period, you may file a petition for divorce on the grounds of cruelty and desertion, but before that try sincerely once again and find out any chance to save the marriage, give priority to it.

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Narendra...... (Engineer)     29 December 2013

Yes we had a argument before she leave. She is working women. She dont want to do any work at home. She want full details of my income and want money for her expenses but she didnt want to share any details to me. As per her i dont have any rights to ask about her salary. When my family try to talk to her family they r not talking properly. They are not saying what they want from us.  From her family no one try to resolve the issue they looks happy in current scenario. She want home on her name then she will agree to live with me. As i m not that sound money wise i ask to live in rented house saperate from our familes but she is not agreed on this. Now she will come only in one condition when i bought a house on her name. Every time i talk they had new demands.

After only 6 month of married life she gone to her parents home and from last 16 months she is not living with me. Can i file a divorce. Is she can still put any charges on me or my family. Please advice what precautions i can take before filling divorce or what she can do against me or my family.

498 A fighter (Advocate)     29 December 2013

check your PM and act occordingly

1 Like

Vasanth (Engineer)     30 December 2013

if the girl was house arrested and forced to marry a guy and register their marriage without girl's willingness,  She had even attempted to commit suicide just because of this but fortunately hospitalized.  How can she proceed with the legal action to get rid of that marriage.  She doesn't want to live even a single day with him in this case..   Can someone please suggest on how to proceed with this.  How soon can the girl get rid of this forced relationship. 

Narendra...... (Engineer)     15 January 2014

Thanks for the suggestion. Please provide your more inputs. How i can proceed.

T. Kalaiselvan, Advocate (Advocate)     15 January 2014

@Vasanth: She has the option to approach court  to annul her marriage as Null and void u/s 12 of HMA for having forced the marriage against her wishes.

 

@ Narendra: Do not dance to her tunes of buying a house on her name and divulging her with all your income details.  If she is not interested to live with you anymore, just do not bother about her, wait for the time to pass by another 8 months, then you can file a divorce case against her on the grounds of desertion and non-cohabitation for more than two years. If her parents are shielding and protecting her, it is  because of the salary income she is continuously giving them even after her marriage with you, so they do not want to lose that income hence they are staunchly supporting their daughter.  If the employment makes her to act arrogantly without respecting the sentiments of marriage, husband and the matrimonial life, it is she who is going to suffer, the present life is not going to help her in anyway in the future, she may realize it later. About other legal actions, you just prepare a platform to defend yourself in the event of any such incidence in the future.

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