Wanted divorce - but dont know how
Sachin Gulyani
(Querist) 10 March 2015
This query is : Resolved
Dear Sir,
I would like to ask for advice on the following case:
Wife is married to Husband in Bihar. It was a love marriage in 2007. All were against that marriage and even a case of kidnapping was filled at that time. Even it was in newpaper at that time.
Now after marriage, wife came to know about husbands previous affairs and present affairs. After marriage, wife was not staying with husband and started doing her graduation from Pune and was living in hostel. In these 3 years of wife graduation, husband didn't come to see her. then after graduation, wife started staying with husband's sister who was married for a week. After that wife shifted with husband to Delhi and both started working at Delhi for 7 months.
After this wife's parents accepted her and called her back to Baroda in Gujarat for her further studies of MBA. (In this course of time Wife's parents shifted to Baroda).
Wife did MBA for 2 years in Ahmedabad and joined the private company in Ahmedabad for job. Now the wife is in Ahmedabad since 6.5 years. Wife and husband are not in good terms during all these period.
Wife don't want to go back while husband wants her back as he knows that he dont deserve the wife and will not get any one better than her. Also he is tempted towards wife's father income and all the things he use to get as gifts from wife's parents.
Let me tell you that husband is very gavar kind of person not even graduate and wife is sophisticated and belongs to good family.
while wife is in Ahmedabad, she came to know about various husband's affair with other girls.
Now I want to know what should a wife do in order to get divorce from husband as husband will never give her divorce. For husband its like bhikhari ke hath mahal lag gaya ho..
Please correct me if I am wrong,
Wife can file a divorce on the basis of desertion and adultery.
for desertion, wife has proof of completing her college and doing her job constantly and has not move out of city since she came Baroda and Ahmedabad. By the way wife's parents are in baroda and wife in Ahmedabad surviving on her own. Baroda and Ahmedabad is 100 Kms away.
The other for adultery wife has the following proof.
Husband official gmail id chatting with a girl1 and admitting all stuff such as sex, intercourse and all the things. But the girl with whom he was chatting will not be available as witness.
Husband has one another girl2. That girl2 is chatting with the wife on whatsapp admitting that she had sex with her husband and is doing it daily and even she had abortion twice.
Now please help me in drafting the case properly. I am not a lawyer and is unaware about how to use this information properly.
what should be done in order to get the divorce quickly as the wife is sure that husband will never let her go.
ajay sethi
(Expert) 10 March 2015
contact a local lawyer for drafting purposes . it needs lot of inputs from client and number of conferences
s k s k sarma
(Expert) 10 March 2015
it is not possible to give reply in short it is better to contact local advocate/lawyer who will prepare petition. the court at place of marriage or last residing have jurisdiction to entertain your petition. cruelty and adultery are grounds in case of adultary you have to add the girl/s as party to the proceedings.
so approach legal adviser there and take his advise and file case.
Rajendra K Goyal
(Expert) 11 March 2015
Contact a local lawyer and file case of divorce.
