Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NiceManMyself (self)     05 June 2012

Proof for desertion ..

Respected advocates, and forumn members

1. My wife walked out of the house during August 2011. We were married for 13 years, and have one boy and girl. She disowned all of us, including her father, two brothers, except another brother.

2. She sent SMS in December 2011 that herself and her brother are in varanasi. Few times, kids spoke to her phone, but she was mostly listening and wasn't responding mostly, and answers to any questions was 1 line.

3. When i spoke to her once, she said, she will come back after mid-april 2012 for discussions. In first week of april, she sent a message through a cousin that I need to meet her lawyer, and they gave a contact details. I refused meeting the lawyer, since i don't want divorce for sake of kids.

4. She accused myself and my mother of cruelty before leaving, but none of that is true. She and her brother also want to lead spiritual way, and her brother said, god came in front of her, carassed her, hugged etc. She gave few conditions like she will not be my wife and be mother to kids only etc. She used to leave the family and go with her brother on temple visits ignoring family responsibilties before (atleast twice in the past). When i questioned their third trip, it all lead to separation and fights.

She is not reachable on the phone number since last 5 weeks, and i have tried asking known contacts, no one has any idea on their whereabouts or contact details.

Her father and other two brothers are helpless, and don't want to take any initiative also.

5. My advocate said, we can file for desertion and cruelty after one year of separation date. I would like to know what proofs are typically required for desertion.

6. what would be the prayer in the seperation petition?

Please help

 



Learning

 9 Replies

Adv. Chandrasekhar (Advocate)     05 June 2012

In your case, Section 13 (1)(vi) is also applicable which says - " has renounced the world by entering any religious order".  This is additional ground along with desertion and cruelty.  If she was staying away from you for the last two years and you say this in your pleadings and on oath, that is enough to prove desertion in your case.  By narration of the facts by you, I do not think she will come and contest the case.  She wants to live in spiritual way and that is why she will not object for divorce / judicial separation, whatever you want.  If she contests the case, come back to forum and get legal advice that how to prove deseertion and cruelty.

NiceManMyself (self)     05 June 2012

Thanks Adv. Chandu Sir.

Which address would be the desertion notice to be sent, since we don't know her whereabouts? Can this be sent to her fathers address?

What would happen if father refuses to receive the notice, since such a person is not living there?

Adv. Chandrasekhar (Advocate)     05 June 2012

To her last known address.  Make double sure to send notices to her father's, and all brothers' addresses.

NiceManMyself (self)     08 June 2012

The divorce under desertion is after period of 2 years after desertion. When the desertion petition to be filed in court? Can it be after 1st year completion, any time between 1st year and 2nd year, or at 2nd year completion of desertion?

Since there are other sections also involved in this case, will it change the timing to file desertion petition?

Please reply.

Adv. Chandrasekhar (Advocate)     08 June 2012

completion of two years desertion.

rajiv_lodha (zz)     08 June 2012

A related question sir,

If wife wilfully deserts for > 2yrs, husband brings divorce petition and the wife gives statement that she is ready to come back immediately to husband, CAN DIVORCE STILL BE GRANTED ON THE GROUND THAT SHE WILFULLY DESERTED HIM FOR >2YRS AS PER HUSBANDS PLEA

Adv. Chandrasekhar (Advocate)     09 June 2012

If wife gives a statement that she is willing to join husband, then the burden shifts on the husband to prove "desertion" in its legal sense.  desertion in law is different to dissertion in common parlance. Just proving physical distance / separation between the couple is not enough.  The main element that has to be proved is "intention" of the erring party to desert. The burden to prove that lies on the party seeking divorce on the ground of desertion. 

NiceManMyself (self)     02 July 2012

Further details to post #1, my wife sent me a registered letter, and gave contact of her lawyer. She didn't mention her wereabouts or contact details, and simply has said that this address need to be used for future communication and correspondence. (The letter was written in hand by her, and not sent by Lawer).

1. Kids want to talk to mother, and since there are no contact numbers (previous number is switched off always since last 2 months). If the lawyer obliged to share the contact number of my wife?

2. Is the person who takes first step at a disadvantage in a divorce case?

3. I am waiting for my wife to let me know her conditions for MCD/divorce, since she who stepped out of the house. Should i still file for desertion after 2 years, if she doesn't initiate any proceedings?

 

NiceManMyself (self)     04 July 2012

Can i get some advice on above questions?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register