Divorce
Samer123456789
(Querist) 17 July 2015
This query is : Resolved
I m living separately from my wife for 8 years now. Can i get divorce on this basis. She is not ready to give me divorce.
Also how can i remove her name from my passport.
Pls advice.
Dr J C Vashista
(Expert) 18 July 2015
Why she is living separately for the last 8 years? When did you get marry? Do you have any child/children?
What shall you gain from divorce consequently removal of her name from PP? Are you having some "extramarital" affair?
Why do not you attempt for a reconciliation and enjoy your married life?
Samer123456789
(Querist) 18 July 2015
I got married in 2000. We had major difference between us. She tried to control my finances and let me not support my parents & always nagged me. This became so ugly that i left home and went abroad for job. I have one child whom i m supporting with finances. Now i am living in abroad for 8 years and moved on with my life. Since I want to get married again. i want to get separated from her and take out her name from my passport and move on in my life.
SAINATH DEVALLA
(Expert) 19 July 2015
UR assessment of UR future life is good.One thing from UR query is clear that she has not deserted U but U have done so.Am I right?By this time if she really wanted she should have filed a case against U for desertion and running away from India.
Samer123456789
(Querist) 19 July 2015
Can you pls suggest what options i have to come out of this ?
SAINATH DEVALLA
(Expert) 19 July 2015
Now U are investigating easy thoroughfare to start a new life,still U are hiding the facts.
Samer123456789
(Querist) 19 July 2015
Which facts ? i told everything...
M V Gupta
(Expert) 19 July 2015
Mere living separately in the circumstances narrated by you would not be sufficient for grant of divorce. There are also no other circumstances legally required for grant of divorce such as cruelty, desertion by your wife, adultary etc. Divorce will be possible only by mutual consent.
Samer123456789
(Querist) 19 July 2015
By she is not ready for mutual consent. what can i do then ?
SAINATH DEVALLA
(Expert) 19 July 2015
The question is after 8 long yrs of separation U are planning to get married again.Ok, but the reasons U have mentioned for separation are not ethical nor logical for opting for divorce.These things could have been set right setting aside egos.That's why I said U have not come out with the total facts.This is UR version,but her version could be different.Hence I insist of the case history,for a correct analysis and suggestion.The rest is left to U.
Rajendra K Goyal
(Expert) 19 July 2015
Try for Mutual consent Divorce. Contested divorce is time and cost consuming and in your case little merits exist.
SAINATH DEVALLA
(Expert) 19 July 2015
Mr.Goyal,
MCD would have been advisable if the separation was a year or two,but he has been away for 8 long years,deserting his wife living in a foreign country and now only to get married again he is thinking of divorce. He has not mentioned how his wife is eking out her lively hood for the past 8 years,where she was living.Hence unless he puts forth the truth as to what actually happened he cannot get the correct solution from the experts.I have asked him earlier to come out with the actual facts but he has not put forward.This is only one side of the coin.Let us presume that his wife was as arrogant as he had mentioned earlier,if its true then she would have already dragged them to court with 498A DV and other cases.
T. Kalaiselvan, Advocate
(Expert) 19 July 2015
Though the author is silent about the background facts for living separately away from his wife for the past 8 years or more, the fact that their marriage is irretrievably broken cannot be denied. Hence he corroborate the reasons and seek divorce on the grounds of cruelty and desertion.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 20 July 2015
Unless mutualn divorce is obtained it is very diffult to take unilateral divorce as u have one child n wife to maintain legimately. If u hv ground of cruelly, u may go ahead
Biswanath Roy
(Expert) 20 July 2015
You have no case for Divorce under Indian Laws. Your separate living is also questionable in the eyes of law.
SAINATH DEVALLA
(Expert) 21 July 2015
I finally go with the assessment of Mr.Roy
