Ramesh Suri (N/A) 18 July 2011

Status and future of such a marriage?

Hi Lawyers and other experts,

I am writing this topic in this forum because my marriage is going under lot of issues and I dont see any horizon of hope for any type of reconciliation with my wife.

I live abroad. My wife and my son were also living with me here till october last year. My wife went to India with our son in october last year and has not come back since then.

My question to you is

1) As per the Indian Marriage law what is the definition of Marriage (my and my wife we both are hindu)

2) If both the spouses live away from each other (specially in different countries) without even contacting each other but do not take any legal step like divorce or any such thing, then what will be the status of such marriage after some years?

3) Does, can status of marriage changes automaticaly in the eyes of law if spouses live separately for a considerably duration (like in years)? my son is with my wife and since, she has stopped all the contacts with me (phone, letters or even emails) It looks like that she does not even need any economical help from me. May be from her stubborn attitude or may be that she is earning. I am not sure. But I have come to know that she has put our son in school and started his education.

Any answer will be appreciated.

Thanks,

Ramesh.

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5 Replies

mahendrakumar (marketing) 18 July 2011

all these cannot happen out of blue.

try a visit to her place and sort out the differences with the help of friends/relatives.

marriage does not get automatically obselete.

Adv. Chandrasekhar (Advocate) 18 July 2011

1) As per the Indian Marriage law what is the definition of Marriage (my and my wife we both are hindu)

It is a sacred thing for Hindus and it is an agreement for Muslims.

2) If both the spouses live away from each other (specially in different countries) without even contacting each other but do not take any legal step like divorce or any such thing, then what will be the status of such marriage after some years?

The status of marriage is same. But, at any point of time aggrieved party can file case for restitution of conjugal rights case against the other party. If more than two years desertion is there, it is a ground for divorce. Further, if wife is financially dependent can file case for maintenance etc.

3) Does, can status of marriage changes automaticaly in the eyes of law if spouses live separately for a considerably duration (like in years)?

No. If both the parties will not take any action, the status will not change.

(Guest)

You can even resettle abroad by filing a divorce locally and take an exparte divorce, consult a good attorney

Ramesh Suri (N/A) 19 July 2011

Hi Rahul,

How is that possible? when you say locally, law of which country will be applicable in that case?

May I request any lawyer to throw some light on this?

-Ramesh

(Guest)

Law of the country where you are residing.... by filing a case and proving cruelty and desertion by your wife.
You can take divorce even abroad, No need to come to India to fight for divorce.

Talk to an expert lawyer, its possible , But there are many Open Questions Like:

Where are do stay? How long been staying abroad?
How long been separated from you wife.
Any Kids?