Divorce while wife is still at home?

1. I differ to bland opinion given by @ Stanly.
Reasoning: Why you are pushing the queriest to opt for 'desertion grounds' that also pushing him for 2 years ! I mean will you as replier going to foot the bill of separate residence and all paraphernalia this queriest may incur for 2 years to avail 'desertion ground' when clear cut other grounds exists to dissolve his marriage? Kindly do not guide frivilous ways if valid family law grounds for divorce based on queriest facts are not known to repliers.

@ Author


You can very well seek divorce based on ‘grounds’ of  'mental cruelties' by filing a suit for dissolution of marriage while living under 'same roof'. It is not necessary that spouses needs to move out from each physically to avail grounds under S. 13 HMA.


Now based on facts before us these are what you need to prove under 'mental cruelties' grounds and they are not that tough to prove.


- Not looking after / serving guests at matrimonial home.
- Not looking after / serving relatives at matrimonial home.
- Not looking after needs of husband as wife's duty.
- Not cohabiting as husband and wife regularly (a marriage without s*x is anathema).
- Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her hsuabnd every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground)


Witnesses are your friend(s) and relatives / family members for first two pointer and for last three pointers your cross examination under oath are sufficient. Also now a days tech. can be used nd as illustration I suggest to ring her on her mobile on first day of leaving to natal home and after a week again ring her and lastly ring her on 15th. day by this exercise you are creating 'mobile tower location mapping' which comes handy for proving alleged every 15 days leaving for matrimonial home without consent of a husband mental cruelties allegations facts as in a civil suit matter and so on so forth probable evidence creation could be done with.


Reason I suggested "mental cruelties' ground to opt is that there are no. of couples cases decided all the way by SC read with various State’s HC’s where couple living under same roof have parted each others company by proving mental cruelties that was caused by one spouse upon another while living under same roof.  Here you can very well hire a family law knowing advocate and file petition for divorce U/s 13 (1) (ia) HMA and request Court for allowing “dasti summon” and court notice can be served upon your wife while she is living in same roof with you. Now it is upto her how she is going to react post accepting Divorce Notice but that is not your issue at present as in your brief you asked us que. about how to seek 'divorce' while wife lives under same roof with you, is it not so!

Addendum:
1. See in my opinion "giving reason to husband each time before leaving matrimonial home" as in your brief is not necessary 'act of a wife'. But, before leaving matrimonial home "seeking consent of husband" is a must expected 'duty' of a wife.
2. For after effects (possible reaction) of hers post receiving notice read with alleged influence of lawyer friend of hers as stated in your brief I suggest tread last 100 post threads under criminal law and family law forum which are sufficient for gearing up for possibile retaliation from her side.


Also refer to one of my past thread post (I think some 2 month old) under family law forum where I have quoted no. of decisions of various Courts with where on similar facts as yours thousands of husband(s) got divorce. 

she neglect her domestic duties to you; she deprived you from the legaly approved s*x; she throws unnecessary financial burdain upon you by visiting her perents home frequently.

try to realise all these to her and try for a better understanding. if it fails then apply for divorce or restitution of conjugal rights of yours.

keep all communication as record for future.

Respected Sir & Madam

please find my attached letter. what i have requested for.

Thank you,

Priya

@ Priya

Read annexed file.

1. No without valid divorce from first wife both of you cannot marry.
2. There is no other way other than to forget past and switch over to some better situation.
3. Think from head and not from heart.

@tajobsindia 

Sir, Thank you for your advice. 

@tajobsindia

Sir, I have a query regarding the 'mobile tower location mapping'.  Is the mapping possible only if she attends the call or even a missed call to her mobile will help register the location and could be retrieved in case of necessity as evidence?  please advice

1. Completely agree with the @Tajobsindia.

2. Completely Disagree with @ Stanley as if you started living apart then it will make you a deserter ( not your wife)     and thus, the guilty party, which will disable you to take its advantage by virtue of sec 23 of HMA.

@ Nandha

For 'mobile tower location mapping' Receiving of call is not necessary & mere miss call is sufficient because as soon as you enter the new tower area you register automatically. By recieving a miss call your your phone location comes on record in company software. But the problem is calling that record in the court because the other party will surely going to object it on the basis of violation of Right to Privacy guaranteed by Art 21 of the Constitution. The court will generally allows production of such documents in Criminal Cases keeping in view the larger public interest, but in civil cases it is very strict and generally not allows such a request. Neither you can not get that directly from the company.

I also completely agree with the considered opinion of Mr. Tajob.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@tajobsindia,

got the link on the same topic of mine.

https://www.lawyersclubindia.com/forum/How-to-get-divorce-if-wife-refuses-to-leave-matrimonial-home-47546.asp?1=1&offset=2

Thanks,

@prashant Rana,

Thanks for your advice.

thanks for throwing some light on getting information regarding the mobile tower location mapping from mobile operator.