Divorce
Indrajit Bose
(Querist) 03 April 2016
This query is : Resolved
I am got married in 2000 and we gave a 15 years old daughter. My wife left me and my daughter on September 15th 2015 within this period she never contacted me, she not even make any statement against me. Even she is not with her parents. She is with some other person and staying in Dhanbad where she joined a private firm and earning quit well. If i do file for divorce can she claim anything from me. what should i do?
dr g balakrishnan
(Expert) 03 April 2016
under law seven yrs absence of contact between you both deems she is dead, why you need divorce and alimony and other problems friend.
Devajyoti Barman
(Expert) 03 April 2016
Do not waste time anymore and file suit for divorce suit asap.
Do remember even if she is earning unless and until you can bring that to the notice of the court you can not get relief of avoiding her maintenance.
In any event you are liable for maintenance of the child.
Rajendra K Goyal
(Expert) 03 April 2016
If she is not interested to live with you, gather evidences of her living with other gay and file divorce case.
Adv. Yogen Kakade
(Expert) 04 April 2016
As she is not interested in staying with you and you have strong grounds to go for divorce.. try mutual consent divorce.
dr g balakrishnan
(Expert) 04 April 2016
No need to contact her, better not file any divorce as legally she is dead as per IPC, why resort to family law? why you want to give her alimony if so then give divorce as suggested by many advocatesp,.
dr g balakrishnan
(Expert) 04 April 2016
seven year no contact between you both is good enough as she or you dead persons to each other,that law is still on statute books,
dr g balakrishnan
(Expert) 04 April 2016
just because some so called family law is there that cannot change IPC or c.r. pc friend.
Anand Bali Adv.
(Expert) 04 April 2016
It is good on your part that she is in living relations with some one else and earning her own. Only on this point that since long she is living with some other male person is enough for you not giving her any Alimony.
The daughter is with you is a good thing you care for her self and her studies. She has been deprived by her own first because she had left you without your any provocation and her own and on the other hand she is living since long with some other person which amounts to Adultery on her part and in this case she is not at all entitled for any maintenance and Alimony. You go ahead with your case of Divorce it is a good Divorce case.
dr g balakrishnan
(Expert) 04 April 2016
seems advocates wants to earn out of blue.good, if no income sirs, better stay put with
Anand Bali Adv.
(Expert) 04 April 2016
MR BALAKRISHNAN, please see the inquirer's statement his wife just have left him on 15th Sep 2015 and not 7 years ago please note and even if she would have left him seven years ago and is known that she is living at certain address she will not be treated as a dead woman and for that it is an essential element that she should not be traced at all and there must be many good and sincere efforts must have be taken to trace her by her family in the society at large to invoke this clause of the Act. I hope by now you will always give your advice after reading the full facts of the inquiry and not out of the Blue. Every inquirer always seeks a good and sensible advise from our side.
