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Kunuthur Srinivasa Reddy   29 July 2017

What is desertion from a husband or wife and how to prove it

Wife along with her only US born citizen male child 8 year old, leaves her matrimonial home abroad, returns to India and in less than a month after her return, sends a legal notice for consented divorce to her husband and without waiting for the reply though requested for, files a divorce petition in a family court  and travels back abroad and secretly withdraws cash from four banks in one day using the joint account facility provided to her in good faith and trust by the husband, the sole earning member of the family and returns to India without visiting her matrimonial home nor even contacting her husband at least by phone. She discontinued the child's education abroad on a false written representation, collected jewelry from a bank locker, important documents, academic records of the child when her husband was out of city on official business, when she left with the child her matrimonial home abroad in full conspiracy, connivance and  collusion with her parents who sent two electronic air tickets to her in advance to facilitate her travel. 

Pertinent to state, there are no grounds for divorce which can be proved in the court as recently declared by the Hon'ble Judge in the open court hall after his prolonged attempt for reconciliation. The other cases viz., child custody, maintenance, 498a and 406 are under process. 

The question,  given the background truthfully, is whether or not it is a case of desertion. If so, whether the Petitioner is entitled for maintenance and for child custody. Leave alone 498a and 406 which were glaringly proved as false, not to be taken cognizance of except to bear the delay, energy and resources. 

 

 



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 18 Replies

Adv Radhika Mehta (Advocate)     31 July 2017

Desertion has to be for a continuous perod of two years. Since you have not shared the time-frame within which the above narrated sequence of events took place, it would not be possible to comment on the same. 

I would however disagree with you that this conduct of the wife does not constitute cruelty.  

Kunuthur Srinivasa Reddy   31 July 2017

Desertion by wife has been since for more than four years and three months in addition to forceful removal of the child from his natural residence abroad since birth in USA, discontinuing his education in middle of the term proving wrong information to the school authority in writing. It is a case of confirmed child abduction besides desertion petitioning false accusations, allegations and character assassination which can never be proved in any Court in India. Further, foreign court of Justice gave sole child custody order in favour of her husband, the child's father,  the petition which she contested and lost. She went to the extent of mailing an anonymous petition to the employer of her husband abroad to dismiss him from the company  alleging the leakage of business secrets, which on thorough investigation by the employer, proved as false and grave. She also complained to the immigration authorities abroad to deport him to India by leveling wild allegations against her husband of being anti national, which again was discorded as trash by the immigration authority which gave him a clean chit. 

I am providing these details to serve as example for others who could be the victims like him who has been denied to communicate with the child for the past more than four years actively in harmonious manner so much so the child has been thoroughly brainwashed by her and her parents. In fact, her father I.e., child's maternal grand father demanded INR 2 crores to give away the child to his father, though he got in hand sole child custody order issued by the foreign court. 

 

Whatever be the issue, one should adopt to FIGHT TO FINISH mode of action instead of compromising with the criminal elements of the society no matter whether or not we win the case. The fighting spirit is lost when we feel or overtaken by mental stress just like in a warfare.

 

 

Kunuthur Srinivasa Reddy   31 July 2017

Desertion by wife has been since for more than four years and three months in addition to forceful removal of the child from his natural residence abroad since birth in USA, discontinuing his education in middle of the term proving wrong information to the school authority in writing. It is a case of confirmed child abduction besides desertion petitioning false accusations, allegations and character assassination which can never be proved in any Court in India. Further, foreign court of Justice gave sole child custody order in favour of her husband, the child's father,  the petition which she contested and lost. She went to the extent of mailing an anonymous petition to the employer of her husband abroad to dismiss him from the company  alleging the leakage of business secrets, which on thorough investigation by the employer, proved as false and grave. She also complained to the immigration authorities abroad to deport him to India by leveling wild allegations against her husband of being anti national, which again was discorded as trash by the immigration authority which gave him a clean chit. 

I am providing these details to serve as example for others who could be the victims like him who has been denied to communicate with the child for the past more than four years actively in harmonious manner so much so the child has been thoroughly brainwashed by her and her parents. In fact, her father I.e., child's maternal grand father demanded INR 2 crores to give away the child to his father, though he got in hand sole child custody order issued by the foreign court. 

 

Whatever be the issue, one should adopt to FIGHT TO FINISH mode of action instead of compromising with the criminal elements of the society no matter whether or not we win the case. The fighting spirit is lost when we feel or overtaken by mental stress just like in a warfare.

 

 

Adv Radhika Mehta (Advocate)     01 August 2017

I completely agree with you Mr. Reddy.  Infact, one of my clients is fighting a very similiar battle to what is stated by you hereinabove and the child being brainwashed against the non-custodian parent is a very common practice adopted these days.  There is unfortunately nothing what one can do but continue your efforts to establish contact with the child in the hope that with the passage of time, after the child attains majority, he/ she may consider the situation independently and appreciate the efforts.  Its a long shot but worth it.  

But i still maintain that this is a fit case for cruelty and even desertion. 

Unfortunately, this conduct is not sufficient to disentitle the wife from custody of the child unless the husband is able to prove that she is an unfit mother.  That the child has deteriorated in studies or is unhappy or not being well looked after.  Maintenance also depends on several factors. If she is a well-educated working lady or if the husband is able to prove that she is a characterless woman, maintenance may be denied. 

Kunuthur Srinivasa Reddy   02 August 2017

I believe litigation drains time, energy and resources of both the parties. Compromise, out of court settlement arises when one of the clients becomes weak and yield to reconcile to a situation as per demands of the other client. 

In my issue, the wife virtually looted four banks to the extent of 17000 Dollers by clandestinely withdrawing the cash, after filing a divorce petition in Family Court. She is a graduate in Engineering but never worked anywhere in India or abroad and continued to live as dependent for life either on her parents before marriage or on husband after marriage.

when we are in a warfare, compromise means  submission  to the opponent who is stronger naturally. Is option for a compromise, a right choice, given the fact that both the parties are equally stressed? Then the question arises, as who should opt for a compromise; the one who is on the righteous path of justice or the other who is absolutely criminal in her conduct? I personally consider the guilty should opt for a compromise but not the other non guilty. Any comment please?

 

fighter   02 August 2017

Dear Srinu,

I agree with your opinoin "I personally consider the guilty should opt for a compromise but not the other non guilty. Any comment please?".

But in reality compromise means, paying lot of bugs to wife, irrespective of you did any crime.

So, if yu dont want to pay money to your wife, fight the case.

1 Like

Rishi kumar   02 August 2017

Dear Mr. Reddy , 

what you post is absolutely right but still it all depends upon individual situations.  In your case your wife may not be able to find out another "victim" that easily with an 8 year old child. So, if she has money, or thinks she can loot from you, she will decide to fight to finish. Depends on your age, your parents health and most importantly the distance from your place to the courts. The situation remains Volatile and a slight change in the atmosphere at home puts you off. If she does not intend to marry again, she may not , in all likelihood , agree for a divorce anytime soon. Their motto is "even if I become blind in both eyes, I will make him blind at least in one eye". Yet again , it depends upon your age and also what ideas you have about your future.

But,still it can be done. Take it sportively, visit courts as you visit a temple or theatre, stay calm, follow every date , don't underestimate your enemy and condition yourself to the final result, whatever, and update your skills. There is no question of who is good or bad here as even the biggest liar thinks she will win. But if you are not at fault, you can survive cross questioning, evidences and most of all nothing to  fear as you don't have to contradict your statements anywhere. Best of luck.

1 Like

Kunuthur Srinivasa Reddy   02 August 2017

I am a staunch and unshaken believer of destiny and divine order according to which entire universe operates. The Epics, Ramayana and Mahabharata are the best and ideal references to quote and to gain iron will in our performance of works with no expectations over the result nor the fruits or benefits of our action. Then, there shall be no question of stress and strain. In the issue, wife and her parents survive on hand to mouth existence. In fact, she was not at all serious about divorce and simply wanted to threaten me with full connivance of her parents and she is the only daughter for them and as such wanted to completely her husband their control and all of them financially depend on earnings of her husband. Unfortunately, this plan misfired. Hence this litigation. 

I provide these details openly, in order that other sufferers like me can understand and equip themselves to fight to finish the opponent legally.

1 Like

Kunuthur Srinivasa Reddy   02 August 2017

The foundation with firmness right from the beginning of litigation as respondent is to work for the dismissal of divorce and child custody petitions filed by her no matter if it means to touch the portals of Supreme Court of India for justice with a mindset of zero expectations or speculations either way. 

The lessons that I am learning are, the client should be million times more alert, active and dynamic than the lawyer concerned, without taking it for granted that lawyers would concentrate and work for the clients, without client's efforts and constant surveillance. Excessive dependence, reliance and confidence of late, on lawyers has become quite risky and suicidal except in rarest exceptions in India. They are imbibing the qualities and characters of doctors in corporate hospitals, again with rarest with rarest exceptions. These are the impressions of general public as well in India who can not be wrong all the time. This trend should reverse for India to prosper and quality life improved. 

Adv Radhika Mehta (Advocate)     03 August 2017

I personally feel that settlement is the need of the hour in most cases as nowadays primariliy litigation is either on the issue of money or to satiate the ego of the litigating parties. The parties wish to continue the litigation in several cases to harass the other side, not realizing that they too are being harassed.  What is the point of wasting so many precious years of your life in litigation, in running around several courts, if a settlement is feasible.  This is ofcourse if both the parties are able to reach a consensus regarding a settlement which is feasible to both 

Adv Radhika Mehta (Advocate)     03 August 2017

I personally feel that settlement is the need of the hour in most cases as nowadays primariliy litigation is either on the issue of money or to satiate the ego of the litigating parties. The parties wish to continue the litigation in several cases to harass the other side, not realizing that they too are being harassed.  What is the point of wasting so many precious years of your life in litigation, in running around several courts, if a settlement is feasible.  This is ofcourse if both the parties are able to reach a consensus regarding a settlement which is feasible to both 

Kunuthur Srinivasa Reddy   04 August 2017

I totally agree with your well considered and judicial option for mutually agreeable settlement as also referred to the issue to the Mediation Centre by the Hon'ble Judge of Family Court who tried in vain for reconciliation between the couple. Whereas, the Petitioner who filed all the 3 petitions for divorce, child custody and maintenance demanded to be agreed in her favour. with the mistaken confidence and belief that Family Courts function as women-pro as also infused by her Counsel who does not want to lose his business, creating false hopes as a part of mind game.

Kunuthur Srinivasa Reddy   04 August 2017

I totally agree with your well considered and judicial option for mutually agreeable settlement as also referred to the issue to the Mediation Centre by the Hon'ble Judge of Family Court who tried in vain for reconciliation between the couple. Whereas, the Petitioner who filed all the 3 petitions for divorce, child custody and maintenance demanded to be agreed in her favour. with the mistaken confidence and belief that Family Courts function as women-pro as also infused by her Counsel who does not want to lose his business, creating false hopes as a part of mind game.

Kunuthur Srinivasa Reddy   04 August 2017

I totally agree with your well considered and judicial option for mutually agreeable settlement as also referred to the issue to the Mediation Centre by the Hon'ble Judge of Family Court who tried in vain for reconciliation between the couple. Whereas, the Petitioner who filed all the 3 petitions for divorce, child custody and maintenance demanded to be agreed in her favour. with the mistaken confidence and belief that Family Courts function as women-pro as also infused by her Counsel who does not want to lose his business, creating false hopes as a part of mind game.

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