Ravi Sataya (IT Executive) 26 March 2011

Proof of Desertion

Hi,

How to effectively collect evidence to prove that a wife has deserted her husband. Please note the following:

a. Wife uses a prepaid cell phone number. Her home (paternal/maternal) is about a kilometer in radius from my home.

Please help me. What evidence can I collect to prove that she has deserted me without a sufficient reason?

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5 Replies

Ravi Sataya (IT Executive) 27 March 2011

Please answer this query.

Jamai Of Law (propra) 27 March 2011

Its quite difficult but not impossible to prove desertion.

Tajobsindia (Senior Partner ) 28 March 2011

@ Author

Two essential claims which must be proved by a person pleading desertion, one is the factum of separation and the other is the intention to bring cohabitation permanently to an end. The case is all yours. You have special knowledge of all facts and internet forums can’t help you more than this other than in-chamber discussion with a prudent ld. Advocate of your choice.

Authority Re. SAVITRI PANDEY Vs. PREM CHANDRA PANDEY (2002) 2 SCC 73

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SJG Delhi NCR (Asst. manager) 27 April 2013

Mam Roshni,

I am here to clarify you that yes today in India there are females who just do marrige for the sake of getting maintainence.

You have questioned to not to put allegation on Indian Women but respected Mam this is a real fact and I am the victim of same you just go through my understated query and pls let me know if you can help me out

Respected all,

I got married on 13th April 2012 nd my Dear WIFE left our home on 29th april 2012.

During this period also we didnt made any kind of physical relationship as the reason was she is doing some sati mata vrit and cant be physical for next one month.

They tortured us for 498 and bla bla cases and demanded Rs. 1 Cr. in begining.

But through some mediators and social pressure the matter setteled out on Rs. 10 Lac's.

Me and wife signed a Mutual Divorce 13B on 1st August 2012 after which on 2nd hearing her father nd she denied for divorce and on the grounds of premature application they got it rejected from the Judge.

Currently things are pending to be heard by ADR center as she nd her father wants Rs. 10 lacs of settlement amount decide for MD( which did not happen but still they want it) and they have demanded for 25000 Rs. per month as maintainence and loss of earning.

My Dear wife is an M.Tech

Settlement amount is in DD nd Rs. 3.5 Lacs is already been incashed by them.

(remaining is in custody of there relative or we can say mediator) My life is into complete mess........ As now my one year is completed can I go to court and restore my 13B How can I get out of this pls suggest.....

Kinldy provide some reference cases...

Looking forward for your kind support

They have started negotiating from Rs. 1Cr.

We are very simple people and never been in court before this.

Mam Roshni pls help...........