Stamp paper
hem
(Querist) 21 September 2013
This query is : Resolved
wife insisted that she will write and give on 100rs stamp paper that I have received streedhan she is not ready for mcd.two years have passed since separation without my assent how to prove that this is desertion in the court if I file a case.
ajay sethi
(Expert) 21 September 2013
file a case for divorce on grounds of desertion . make averments to that effect in your petition that she has deserted you for 2 years . the issue of proof would arise if your wife denies that she has deserted you . your testimony , that of neighbours would help you in this regard
hem
(Querist) 21 September 2013
ok,if I file case then will court order me to pay her money eventhough she is highly educated mcom ,plus has property completely inherited from her ex-husband who is no more in her name , plus government employee drawing salary 5000/- permonth since 2004.i have all the proofs of her salary statement in bank pass book , appointmentment letters,pancard.
or
I should file rcr even though I do not want her back for her desertion,and under any condition she wants to continue government job in other state.also she is searching new partner on matrimonial site I have even that proof even today.
V R SHROFF
(Expert) 21 September 2013
File Divorce on grd of desertion,
If she apply mtn u/s 24, you produce proof of her earning & edu.
In Div petition, you prove, she is searching another man thru matrimonial internet, to prove, she had lost int in u.
Rajendra K Goyal
(Expert) 21 September 2013
Divorce petition on the grounds of desertion need to be filed.
hem
(Querist) 21 September 2013
what if I just file a case on grounds of desertion without returning her streedhan and claim for mairraige and litigation charges will I be succesfull and maximum how time it will take and what is the maximum litigation charges I may incur please advise I want to finalise soon
Rajendra K Goyal
(Expert) 22 September 2013
Stridhan need to be returned. The cost of litigation differs on the charges of the advocate engaged by you. Time taken depends upon the workload in the court. It may be 2 to 5 years.
