Dessertion - please please help
Bharat
(Querist) 07 February 2012
This query is : Resolved
Sir
We are a joint family and i got married on Nov 2008.My wife left me in july 2009. She left me saying that she was not happy to stay with my parents , she needs a part of the family property and independence. I tried convincing her all these days, but in vain. From july 2009 till now, she is staying way from me in a different city. However in April 2011, i thought of convincing her and met her at a restuarant for 30 minutes. But it ended in vain.
Sir if i have to apply for divorce on the basis of dessertion, can i apply now as 2 years of dessertion is complete( July 2009 to Jan 2012), or should i wait till April 2013 ( 2 years from the date i met her in the restuarant)
Please reply and clarify me
V R SHROFF
(Expert) 07 February 2012
Two year of desertion over by Jul 2011, so you can file Div on grd of desertion. If she is ready, go for MCD.
Desertion, if she contest and oppose, will take years to prove.
If she is not earning, she can get mtn u/s 24 will start within two months .
ajay sethi
(Expert) 07 February 2012
if your wife left you more than 2 years back you should have filed for divorce after one year of separation .
does your wife want divorce or not?
try for divorce by mutual consent
Bharat
(Querist) 07 February 2012
Thank you so much Mr. VR Shroff.
Thank you so much Mr.Ajay Sethi. No she is not ready for mutual. She just want to torture me mentally. She is not ready to come back.She has joined college for higher studies.
Bharat
(Querist) 07 February 2012
I have the details and proof with me to prove the 2 years dessertion. But i met her once in a open restuarant trying to convince her. All these time i was thinking, dessertion will be two years from restuarnt meet. Thank you so much for clarifying.
V R SHROFF
(Expert) 07 February 2012
allow her to study.
if that is the only reason, co-operate with her. If she comes and meet you, continue your relations.
You cannot get divorce merely because she was not happy to stay with your parents. This cannot be ground for divorce.
Bharat
(Querist) 07 February 2012
No sir, She is not ready to come here. I have agreed for her studies. My father is not well.I cant leave him. She wants me to leave my parents and come.So i have decided to apply based on dessertion
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
She has left you and not slapped any cases so be thankful and live in peace and let her live and persue her career.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2012
The moment wife leaves the man is after divorce as if others are waiting in queue to bat with him again.
You have failed to coordinate since being a man you are more responsible at least morally. So now learn to live in peace alone. Compromise with what events have placed on your platter.
If cases are there against you face them with coolness . In a storm there is violent activity at periphery or top and center and bottom is calm silent. Learn to go to center or bottom of storm and you can come out unscathed.
Devajyoti Barman
(Expert) 07 February 2012
You can apply for divorce on the ground of cruelty and desertion.
However mutual divorce would save lot of time and money.
Sailesh Kumar Shah
(Expert) 08 February 2012
Sir if i have to apply for divorce on the basis of dessertion, can i apply now as 2 years of dessertion is complete( July 2009 to Jan 2012), or should i wait till April 2013 ( 2 years from the date i met her in the restuarant)
Answer: Two years of desertion already over by Jul 2011.
