How to get divorce if husband staying separate since 9 years
priya
(Querist) 10 November 2012
This query is : Resolved
Dear sir/madam,
I am priya stay in Pune its regarding one of my friend he also stay in Pune city, He want a divorce from his wife she stay in Amritsar since 3 years she is qualified and working there they have one son from there marriage he is 17 years old stay with her mom.And he is now working in a private co, he is Air force retire person,
There story start from 2003 when his wife runaway with his boyfriend and after few months she came back to her parents house he came to know when she wants her son to be with her.and in same year he file the case against her,Whatever the prove he was having it was with the lawyer and some how with some inf uncial person she has taken away from his lawyer right now he is having only news paper kating that can prove only, And in 2006 he withdraw the case she convance him that they will live together for there son, And after that she refuse to do that, But there is one thing is very important when he withdraw the case he mention that he was misguided and was having some confusion about her corrector. Since then he is staying in Pune and she is staying in Amritsar so basically they are separate since 2003 tel the date.
In between some time they talk over phone or by emails if its regarding there son, He ask her many time to go for mutual divorce she said she will not give but through some friend he get the indication that she wants money.
I think now u can understand the matter so please advice what he can do to get rid of all this.if u want to know more in detail please let me know. i hope that you replay for this mail.
with regards
priya
Tajobsindia
(Expert) 10 November 2012
1. Hire an local advocate via reference. Consult and give brief to him for filing Divorce case under Mutual consent Divorce grounds. The other party signature are need and for the same MCD divorce papers can be sent to her via courier.
2. At the time of filing if one party is in Amritsar then that party can come to Pune Family Court twice as physical appearances and for the same the other party may offer conveyance, lodging and boarding expenses for smooth passing of both motions and be done with it.
3. Cooling period for MCD is minimum 6 months and maximum 18 months after allowing first motion to get a decree in MCD.
priya
(Querist) 10 November 2012
Sir thank you very much for this information but there is no hope for MCD as He is asking for many years and she is saying no to it.
So please tel me if there is any hope so he can live his life peacefully.
Tajobsindia
(Expert) 10 November 2012
But when in last few sentences of your brief you say she may show interest if money is involved then suggestion still remains the same. Via mediator settle the money issue and get over with divorce via MCD route which is faster.
If not then file plain divorce on "desertion" grounds and later as heat of divorce progresses it may get eventually converted that into MCD as via court reconciliation / mediation will happen. In this route it will take time to convert plain divorce into MCD.
ajay sethi
(Expert) 10 November 2012
repeated query
R.K Nanda
(Expert) 10 November 2012
repeated query.
V R SHROFF
(Expert) 10 November 2012
U GET DIVORCE ON GRD OF DESERTION AS WELL AS CRUELTY.
priya
(Querist) 10 November 2012
thanks a lot to all of you but my ? is here for Mr V R SHROFF how come he can use the cruelty grd.please tel
