Divorce on basis of cruelty and cheating

arjun (Querist) 11 April 2015 This query is : Resolved
Sir / Ma'am, I got married in June 2011, after 20 days of marriage my wife attempted for suicide by hanging herself. During 20 days of marriage she was all aloof and we didn't have any physical or emotional connection. I and my family admitted her to hospital. She was struggling for life in hospital for 2 months and I was all restless, in pain for her and curious to know why she has done that.
Later on through few relatives, I and my family came to know that she had an affair of 7 years with a guy before marriage, which she never told and she was forced to marry me by her parents against her will. To which her family refused to agree and her family wanted her to die as now everyone knew about her affair and it affected their image. Her family wanted her to die without her statement and all the allegations should come on me for her suicide attempt.
But by the god's grace she came out of comma after 2 months and when I went to see her she said "I don't want you, I want to go to my ex”.
As she didn’t wanted to continue with me and after knowing all the facts I decided for getting divorce. When she recovered I left her in hospital telling her parents, you can take your daughter home.
I filed for divorce for cruelty in June 2012 after a year of marriage which took another 6 months for all the procedures. Now since then I am struggling for getting divorced. My advocate filed the application to which her family and her advocated dint accepted. The girl is missing and no one knows where she is. Since 2.5 years a new application filing and their reply over it for not accepting the truth is going on and my case is not moving ahead. Trails have not started yet.
Came to know from people that her ex got married to someone else and no one knows where she is.
Also any divorce case is between a husband and the wife but here the wife is missing.
Please advise me what I should do to get divorced as soon as possible without giving any alimony as she ruined my life without any mistake of mine. I cannot marry anyone else also till I get a divorce. I have already wasted 4 crucial years of my life in all this matter. I am 34 almost and she is 27 years old. She holds a MCA degree and use to work before marriage and is eligible to work and earn for herself.
Can I have point against her that
1. She left me after marriage as she wanted to go back to her ex. Also after leaving me she dint appeared since 3 years and 9 months.
2. On basis of cruelty
3. Hiding fact that she was having an affair of 7 years before marriage.
On this basis can I get a divorce?
What should I do so that the trials will get started and she should appear and accept the fact.
How the trials will get start soon?

Follow Query

Report Abuse

M/s. Y-not legal services (Expert) 11 April 2015
Leave all it all mr.Arjun. but what is your wife's stand about your relationship..?

Is she willing to live with you or not willing?

M/s. Y-not legal services (Expert) 11 April 2015
Mr.Arjun fall in love is casual thing.. Be practical. Most of the boys and girls are fall in love and somebody getting succeed in their love. Most of the boys and girls are getting failure due to so many reasons.

All girls are not wrong due to their love affair before marriage. Love affair before marriage is may mistake. But not an offence. But extra marital affair is an offence.

As of your given facts she was having love affair. Just try to forgot it. Set your wife's mind to a practical life sir..

M/s. Y-not legal services (Expert) 11 April 2015
Even though is she is not willing to be in your matrimonial relationship mean just both of you go for mutual divorce..

arjun (Querist) 11 April 2015
Thanks for your reply Mr. Thangapandian, but neither me nor my wife wants to stay with each other. Also she is not at all in picture.No one knows where she is. Everything is controlled by her father and brother. They want to delay the case and want a huge money for settlement and should I give them the money when I do not have done anything wrong. Mistake is on their part.
That girl ruined my life. I can't live with her after all these incidences. Even after getting married before 4 years, I still don't know what marriage is. I just want to get out of it and get divorced as soon as possible and start a new life.

M/s. Y-not legal services (Expert) 11 April 2015
yeah. if your statement is genuine mean you are victim.

so you can initiate proceedings for divorce. but you should be ready to face the consequences..

arjun (Querist) 11 April 2015
How the proceedings will start? The girl is absconding.
I have already filed the case 3yrs back
& what consequences I need to face?
How my case will move ahead?
I am a victim I already know that... I want suggestions for how to take it forward and get out of it as soon as possible

M/s. Y-not legal services (Expert) 11 April 2015
already case is filed 3 years back?

sorry mr.arjun..

what is current status of your case? is it for divorce? what are the consequences mean., indian laws are favour to girls. the reason to secure them. but they are mostly misusing the same.

if you filed a case for divorce mean she may file an interim maintenance application., she may file a separate petition for maintenance., she may file a domestic violence or 498.a ipc cases..

for maintenance case as a husband you are responsible to maintain your wife. you cant escape from it. unless otherwise there is a sound ground for you.

for a criminal cases whatever may you have to
face it before court of law only.

Guest (Expert) 11 April 2015
Mr. Arjun,

Your question, "how the proceedings will start," was justified to be asked from your own lawyer, as only he is well versed with the petition and the trend of trial.

Have you not asked your lawyer? If not, ask him now. If already asked, give description of his opinion to have an appropriate analysis of the things with specific reference to your problem.

SAINATH DEVALLA (Expert) 11 April 2015
In one para U are saying that she is missing since 3/9 yrs,even her parents are not aware of her where about.Came to know from people that her ex got married to someone else and no one knows where she is.Contradictory. Affair for 7 yrs before her marriage has no binding now unless U prove it or it is proved that she is living with him at present.struggling to get divorce since 3 yrs, how can it be granted when UR wife's statement is not recorded. Loot of questions to be answered my friend for an appropriate solution.

SAINATH DEVALLA (Expert) 11 April 2015
U may also produce the judgement of Supreme Court:

NO ALIMONY FOR DESERTED WIFE WITH OUT ANY VALID REASON

arjun (Querist) 11 April 2015
She is missing as in, she is not at her home with her parents. Her parents have kept her at some different location and only her father and brother are taking decisions on the case. None of our relatives know where she is.
I and my advocate have submitted the application for divorce 3yrs back to which her father and their advocate has not accepted. Everytime they reply to my application without accepting the truth. They just want to delay the case.
I want the trials to get started soon so that I can mention all the incidences in front of court. I have copy of statement given to police also when she tried to commit suicide along with the reason.
I don't know where she is now and no one knows except her parents and brother.
What should I do so that the trials get started?

Guest (Expert) 11 April 2015
Any reason for avoiding reply to my question?

M/s. Y-not legal services (Expert) 11 April 2015
"where she is now". you need not to worry about it.

since yo filed your case just for divorce why you are bothering about you. just you proceed your side part. ask your counsel to speed up the proceedings.

while her evidence she will appear in court automatically.

M/s. Y-not legal services (Expert) 11 April 2015
and mr.arjun, try to answer to my expert team member mr.dhingra.

we are spending our precious time for you. while being so if you really respect our experts mean, you may response to our personal question.

SAINATH DEVALLA (Expert) 12 April 2015
Arjun ,

U have not provided adequate replies to my opinion and as well as Mr. Dhingraji's

Dr J C Vashista (Expert) 12 April 2015
1. Incomplete information, submit reply to the question raised by expert Sh. PS Dhingra.
2. What prompted you to cross-check the ability, agility and sincerity of your lawyer on this platform?
3. If you are dissatisfied with his/her performance/ strategy or do not have faith in him/her, straight away change him/her.

T. Kalaiselvan, Advocate (Expert) 12 April 2015
It is not believable that the opposite party is dragging on the issue of filing counter/written statement for over three years and your lawyer was a silent spectator to the dilly dally tactics adopted by opposite side. Expert Mr. Dhingra's question is still to be answered. You may make fool of anyone outside but not the experts here.

SAINATH DEVALLA (Expert) 13 April 2015
Ask UR lawyer to submit a memo asking the respondent to be physically present in the court.

Divorce on basis of cruelty and cheating

Similar Resolved Queries :