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Jean (assistant)     23 August 2010

A deserted wife

My wife deserted me 3 months ago by taking away her things when i was not in the city, the plan was orchestrated by my in-laws.She abused and even assauled me in front of her parents but i did not retaliate as i felt it is inhuman to bash a pregnent lady. She is not ready to adjust in any way, always quarell with me, do not trust me, do not respect me and will accept only her mom's sayings.Three of them are very greedy, liars wants me to like a slave and free ATM machine. My father-in-law is a slave to her wife he accepts her decision whether it is right or wrong.We mediated indirectly twice but they are not turning up.She is pregment and i fear she would miss use the DV law after her delivery.Can i file a divorce under desertation??



Learning

 7 Replies


(Guest)

1. Keep the un-biased communication line open with your wife.


2. Report a JD entry at nearest police station of date / time and to which place wife left and take stamped receipt of such report.


3. Keep safely medical record sof her pregnency.


4. Regulalrly each month without failure send hand written money order with retainign xerox copy of receipt and xerox copy of form front and back.


5.  Be positive to whispers.


6.
Engagge yourself in creative persuits. 


7. Take time to make important decisions in life for wife then your (old) parents keeping also in view expected child of both of you. Understand this matrix first of a Indian husbands.


No hurry, no extra worry hence no chicken curry..............

Jean (assistant)     23 August 2010

Is there any point in talking to a wife who hate me the most? It is my wife who said infront of her parents that she want to divorce me.

I have taken all the medical expense untill she was with me. i am not sending a money to her for expense after she left me.she is employed. Is it mandatory to send money after deserting me?


(Guest)

@ Jean,

Good que.


1. Is there any recording of her say in front of all as mentioned here ?


2. Will these people stand as your witness and say the same thing down say after completion of 1 year the stautory time limit to file a divorce suit based on desertion grounds ?


3.  She hates you na, do you also hate her kya and what is the fault of the still to born child amidst these adult hates scenario !


4.
For legal purpose she is still your wife and unborn child is legitimate child of a couple, if otherwise you want to prove something else that ki shge is not your wife and the child is not yours etc.  So keeping neutral communication channel open is a good practice till some certificate of divorce is gifted by some Court to a couple.


5. Obviously it is duty of husband to meet medical exp. otherwise who else is supposed to pay for her medical needs other than a husband ?


6.
You are required to send money for their (wife and for the child she is bearing) upkeep the same way you would have spent on your wife had she been living with you in shared household. This is legal way of projecting you were not at fault if and only if matters on floor of some Court someday may and maynot.


7. Check one of the past messages in Family Law where I tried to give some legal meanings on "desertion" and "constructive desertion" words and phrases you will understand first what is desertion as per Law then kindly come back and ask the last sentence again.

Arup (UNEMPLOYED)     23 August 2010

Is it mandatory to send money after deserting me?

Until a court order for maintenance, no compulsion is there.

However it is upto you what the help you want to extend your wife and child on humaneterian ground.

Two things will go against her  (1) She left the home volunteerly without any reasonable excuse. (2) She is service holder.

Can i file a divorce under desertation?

not now. but if you have some cruelty grounds, may file divorce.

but get it checked, whether there is a possibility of reconciliation.

1 Like

Jean (assistant)     24 August 2010

1. Is there any recording of her say in front of all as mentioned here ?

 I do not have the recording. 

2. Will these people stand as your witness and say the same thing down say after completion of 1 year the stautory time limit to file a divorce suit based on desertion grounds ?

Her parents had never accepted her wrong doing so no chance. I do have one witness who helped them to shift the things to new location.

3. She hates you na, do you also hate her kya and what is the fault of the still to born child amidst these adult hates scenario !

My concern is more about the child. She is not serious that she is a pregnent and doing abnormal thing which pregnent lady are not do. Whole office is mocking her.

4. For legal purpose she is still your wife and unborn child is legitimate child of a couple, if otherwise you want to prove something else that ki shge is not your wife and the child is not yours etc. So keeping neutral communication channel open is a good practice till some certificate of divorce is gifted by some Court to a couple.

My relatives are trying to mediate but they are not coming for direct discussion. her father says he is coming coming.. but her mother never allows him..she is the real culprit .

Is there any Law to nail the In-laws for creating rift in my life?

5. Obviously it is duty of husband to meet medical exp. otherwise who else is supposed to pay for her medical needs other than a husband ?

If a good atmosphere is created then i will do it... 

6. You are required to send money for their (wife and for the child she is bearing) upkeep the same way you would have spent on your wife had she been living with you in shared household. This is legal way of projecting you were not at fault if and only if matters on floor of some Court someday may and maynot.

If a good atmosphere is created then i will do it... 

7. Check one of the past messages in Family Law where I tried to give some legal meanings on "desertion" and "constructive desertion" words and phrases you will understand first what is desertion as per Law then kindly come back and ask the last sentence again.

As per the definition goes "Constructive desertion happens when one partner causes the other partner to leave the marital home through misconduct." but in my case she is is troublemaker and vacated the house.
even now her father do not have a single point against me but he never admits that my wife is doing wrong.

Jean (assistant)     24 August 2010

Thanks for the reply..

If the wife physically assault  his husband. Would that count as cruelty?


(Guest)

ANY PROOF OF ASSAULT? medical report of injury? video recording?


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