How to prove wife deserts husband

hi subodh,

First of all if ur wife don't know about you filing divorce on desertion ground i would suggest u to find reliable witnesses, because its quite difficult to show desrtion in  documents because as being the head of family there will be your name on every documents

regards

abhi(dot)kumar9law@gmail(dot)com

hello,

You need to produce witness in court who can state in court that she has left your home. If you produce any oral witness it will serve twin purpose,one fact of her living apart from you and two that she left on her own accord and you have not compelled her to move out. you can also produce documentary evidence.

regards-

rahul.gogreen@gmail.com

Hi Subodh,

No particular document to show desertion… Be particular in your petition that on particular date (if not the month) when your wife deserted you.

Make important note to court by your petition that --- it is she who has voluntarily left your matrimonial house/company and that you have made efforts.

If you are aware of your wife’s present address after desertion (may be in law’s house or her separate address), then mention in your petition that your wife has deserted you and she is living  there and not at your address.

Rajesh Kulkarni

Advocate, Hyderabad

hello,

you can also file an NCR to the nearest police station stating that your wife left home.

regards-

rahul.gogreen@gmail.com

Thanks for the Reply Experts.....

i needs ur suport....please answer...

i have a notesheet of Family Councelling Center.

on our final councelling she refued to live with me just because of pvt.job and it is stated in the notesheet written by a lady sub inspector of the councelling center.....

is that note sheet will porve that she refused to live with me ....

as she filled crpc125 for maintenance

regards

Subodh

Hi Subodh,

Very well, the said note-sheet will definitely suffice you as a document showing her intention that she is not interested to continue marital relationship.

“is that note sheet will prove that she refused to live with me .... as she filled crpc125 for maintenance” ---- this note-sheet document would play better role in maintenance petition filed by your wife, as a well settled spouse cannot claim maintenance from the other as it would be a harassment.

Rajesh Kulkarni

Advocate, Hyderabad

7799116901 

hello subodh

are you talking about mediation centre ?

regards-

rahul.gogreen@gmail.com

Keep following things in mind while u plan to take DESERTION AS A GROUND FOR DIVORCE IN HMA:

1) Its VOLUTARY DESERTION by her.....means if she contests that u were cruel to her, u imparted domestic voilence & u asked for dowry etc etc.....and due to this she deserted, ur weapon becomes blunt & case in contested for yrs.

2) If due to some circumstances she says that she is now ready to come 2 u (u have alleged that she is not joining u, give me divorce), it becomes double edges. Though not legally correct, but it tilts the balance.

Thank you Mr. Rajesh Kulkarni ji

Its A govt Councelling Center Note sheet (PARIVAR PARAMARSH KENDRA)

Thanks for Reply Experts MR Rajiv Lodha ji But i can not get

1) Its VOLUTARY DESERTION by her.....means if she contests that u were cruel to her, u imparted domestic voilence & u asked for dowry etc etc.....and due to this she deserted, ur weapon becomes blunt & case in contested for yrs.

2) If due to some circumstances she says that she is now ready to come 2 u (u have alleged that she is not joining u, give me divorce), it becomes double edges. Though not legally correct, but it tilts the balance.

my wife filed a CRPC 125 and adoptation of my Child with interim maintainance

stated that i demand 100000 ru from her and cruality and i refused her .........nothing is true this all allegation on me are false.

she just dont want to live with me and she want only maintainance.

i also want to know that .....

uska vakil 15-15 din ki tarik lagwana chahta hai. (Kyu?) why her lawyer is in very hurry.

awaiting for your needful replies

Regards

Subodh

Hi Subodh,

About your VOLUNTARY DESERTION doubt there is every chance that she will come up with defence but it’s the matter of trial burden lies on her to show that she was subjected to cruelty.

Mere allegations never substantiate pleadings.

It’s the duty of Advocate cant opine in this issue.

Rajesh Kulkarni

Advocate, Hyderabad

7799116901