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venkata Peddi (It consultant)     25 May 2012

Male can apply

Hi All,

I have been separated from my wife for than 3 years and we both are living two different countries. As she is not accepting for mutual divorce and only expecting Maintainance, can I alone apply for Divorce in the court?

Regards,

Venkat P



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 May 2012

Yes you can apply for the divorce on the ground of desertion.

Tajobsindia (Senior Partner )     25 May 2012

@ Author,


1.
She may have 100’s of reason not to opt for divorce and or mutual consent divorce right now which you can not force her in plain vanilla humane conditions.
2.
Yes, with sets of provable allegations from your side as per defined grounds for divorce mentioned in Bare Act you may apply for Divorce in concerned jurisdiction Court of Law by hiring an Advocate of your choice after all due diligence.
3. You can apply there in UK and or here in India
. Choice of jurisdiction is a petitioner’s rights whcih is respected in countries following common-law jurisdiction principles.
4. If you apply there in UK and get final award un-contested and if it was awarded not following our grounds for divorce then it will be open for challenge here in India by your wife. If you apply for divorce here in India
via Power of Attorney then you have to prepare for its contest as well as physically appear at the time of filing (admission) stage as well as during evidence / cross – examination stage. If later your this plain vanilla divorce by grace of some divine powers gets converted into mutual consent divorce (MCD) and you are reeling under hardship for want of physical present here in India then via Video Conference it may be granted provided video conference facility exists in the concerned Court where it is sub-judice further provided it was not sub-judice before a Family Court as for the later physical presence once is required of a petitioner spouse for going through yes or no process of reconciliation / mediation as is nature of family Court under Family Court Act, 1984 unless you show extremes of non-appearance and still mutual consent divorce without reconciliation is waved off by concerend family Court (not heard by me atleast other ld. brothers from Bar may correct me for which I am throwing myself early)!  
5. You will get divorce and or not is other matter to speak for it at today's vaccum stage. Further your first move for divorce gets converted later into mutual consent divorce (MCD) is also set of future matter at today's vaccum stage. Cannot say today unless in-chamber thoroughly discussed by an Advocate.


BTW, both male and female can apply........................... 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 May 2012

Yes you can file a divorce on the grounds of desertion. But be prepared for the counter cases

venkata Peddi (It consultant)     25 May 2012

Dear Tajob,

I came to UK only 2 years back and I married when I was in India in 2007 and legally registered in India. Is it possible for me to apply for divorce from UK?

 

Regards,

Balaram

Ranee....... (NA)     25 May 2012

yes.

venkata Peddi (It consultant)     26 May 2012

My sincier thanks to every one, due to your support I am getting confidence that I can bring my life back to normal.

I will work on that and try to succeed from getting out of all my problems.

 

Regards,

Balaram

venkata Peddi (It consultant)     26 May 2012

Dear friends, As my maintainance is still running in court, that case filed by my wife. Can I file divorce case without finalising maintainance case.

Rajeev Kumar (Lawyer/Advocate)     26 May 2012

Yes you can file divorce case without finalisation of maintenance.

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