Wife does not want to stay with husband
johan
(Querist) 21 March 2015
This query is : Resolved
We are a Christian Catholic couple that got married that got married 1 year and seven months ago. I am working in UAE and my wife was in India when we got married. After that I brought her down to UAE and got her a job. Due to some arguments between us regarding her speaking to her ex boyfriend( I have proof of her conversations) who came down to UAE after her she left the house and has been staying separately for the past 7 months. I tried many attempts at reconciliation through the church. But she refuses to live with me.I asked her whether we could file for divorce by mutual consent ans she said okay but she needs compensation from me. How much time should I wait before I file for divorce on grounds of desertion and to avoid paying any compensation?
M/s. Y-not legal services
(Expert) 21 March 2015
You need two years separation for desertion ground..
And there is no provision for compromise in divorce proceedings..
M/s. Y-not legal services
(Expert) 21 March 2015
And according to the Indian divorce act, a wife only can pray for divorce on desertion ground.
No husband can claim to dissolution of his marriage on the desertion ground..
Dr J C Vashista
(Expert) 21 March 2015
I agree with expert advise of Mr. Thangapndian.
M/s. Y-not legal services
(Expert) 21 March 2015
Thank you mr.vashista.
And mr.johan there is a typical error in my first reply. Read as compensation instead of compromise.
johan
(Querist) 21 March 2015
Thank you Mr. Thangapandian. Then on what grounds should I file for divorce if my wife refuses to live with me? And if I file for divorce first do I have to pay compensation
ajay sethi
(Expert) 21 March 2015
as per judgement of kerala high court you can file for divorce by mutual consent after staying separate for 1 year .what is compensation she is demanding ? contested divorce cases take 5 years to be disposed of . by mutual consent you can get divorce in 6 months .
Rajendra K Goyal
(Expert) 21 March 2015
Try to have amicable settlement. Contested divorce may take 4-5 years and is cost and time consuming.
johan
(Querist) 21 March 2015
She is only willing to accept mutual divorce if I pay compensation( as stated in an email from her). She refuses to talk to me otherwise. Can I ask a lawyer to mediate officially for me on terms of divorce.
SAINATH DEVALLA
(Expert) 21 March 2015
Can U prove her relationship with her boyfriend? If that is proved then it would be easier for U.But it is very difficult to prove adultery by wife unless U have authentic legally valid evidences.
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
@Author: The provisions of Indian Divorce Act 1869 (Amendment Act-2001), section 10(1)(ix) are given below for your information:
any marriage solemnised whether before or after the Indian Divorce (Amendment)Act, 2001, may on a petition presented to the court by the husband or the wife be dissolved on the ground that since the solemnised of the marriage, the respondent has deserted the petitioner for at least two years immediately preceding the presentation of the petition;
therefore, if you want to file a divorce petition on the grounds of desertion, you may have to wait for two years period from the date of separation (desertion) OR
you can file a petition for dissolution on the mutual consent grounds u/s 10-Aof the Act;
Alternately, you can file a petition u/s 11 of the Act on the grounds of Adultery, but it will be cumbersome to prove the same.
Also you may note that she will be entitled to alimony pendente lite as well as permanent alimony under the provisions of section 36 and 37 of the said Act, there is no escape route for this until you are able to prove that she is equally employed and capable of managing her expenses.
Now you decide.
SAINATH DEVALLA
(Expert) 22 March 2015
Were U marriage as per the Catholic Church Rules? If U desire to go for annulment U have to follow the church rules.Or else u have to go for divorce under special marriage act
