Want to divorce my wife- written statement given to police station
sugumaranm
(Querist) 25 June 2015
This query is : Resolved
I got married on Mar 03 2014 and we lived together for not more than a month. Most of the time my wife doesn't want to live with or having intercourse.
Five or more time she ran away from the matrimonial home and stayed with her mother. most of the times her family member advice her and convince me to live, but that doesn't works too long.
after so long time she quarreled with me and given a written statement in women's police station that "Don't Want to live with me"
Because of her statement I applied for Mutual concern divorce and she replied to that notice that "she doesn't given any written statement and telling that I have forgery her signature with police official and given to court.
To prove I am innocent, I made application to SP of Police department to provide me the copies of written statement give by my wife not to live together under RTI ACT 2005.
Will this sufficient for Ground for divorce.. will I get divorce based on her activity and written statement???
Please advice me on this....
Nadeem Qureshi
(Expert) 25 June 2015
file a divorce petition based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 before family court/District Court.
Rajendra K Goyal
(Expert) 25 June 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Want-to-divorce-my-wife-written-and-given-to-women-s-police-station-543946.asp#.VYvEDhuqqko
sugumaranm
(Querist) 25 June 2015
sir,
At first in the Women's police station she said that she doesn't want to live with me and given written statement... based on that I approached her for mutual consent divorce,,, but after sending such notices.... she suddenly double crossed.. saying that I made a forgery putting her signature in the Police station and cheated her...
so can I get divorce on basis of her written statement given to police station.
Guest
(Expert) 25 June 2015
Statement in police has no relevance. Her statement before a magistrate only can help you.
R.K Nanda
(Expert) 25 June 2015
repeated query.
Anupam Lahiri
(Expert) 02 August 2015
Dear Sugumaramn,
The facts presented by you do not lead to anything in the eye of law. For getting divorce, you have to apply before the District Judge (or in Family Court, if your place of residence falls under such area) under the appropriate law applicable to you. You have not mentioned how you got married-whether by Registration under Special Marriage Act or by following Hindu Customs.
In any case, you may be able to get divorce on the ground of Dessertion. Consult a good lawyer after getting all documentary proof ready.
