Ramanathan PS 26 August 2016

Can i get a divorce.

In 2002, I got married. In 2008 we separated and went to her parents with my son. Now my age is 45years and my son's age is 13years. I don't have any ancestoral property and not even a own house. I live lonely in a rented house for the past 8 years. Each and every month I would go to her parents house and request her to come with me(Her native is nearly 100kms away). But for the past 1 year I didn't go. She has Voter's Id and Aadhaar card in her parents address itself. They are in high status. They treat me as a servent.

Can I get divorce, if I apply now.

Please give me some suggestions.

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7 Replies

Ramanathan PS 26 August 2016

Thanks Sir(s)/Friends,

Last year they asked me about divorce. And they demanded 20 lakhs. I don't have even 1 lakh. But they are threatening me that they will file cases such as dowry, harassment etc.,

That's why I am asking. Is there any legal grounds to get divorce.

Thanks.

saravanan s (legal advisor) 26 August 2016

you can file contested divorce on the grounds of desertion and cruelty as she had deserted you for more than two years continuosly.make an nc on your wife that she might file false cases on you.also record their threatenings and keep it as a proof

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stanley (Freedom) 26 August 2016

you will get divorce on the grounds of desertion and cruelty provided you prove the same .

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A walk alone (-) 30 August 2016

First record their threatening. File NC is your near police station . After that you can file divorce on cruelty and desertion ground.

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whatnot 01 September 2016

I emphatise with your situation.

You can apply divorce under cruelty. Keep it to written staements.

At the time cross (if it ever comes) you can narrate all your stories.

But the fact that you have rental agreement (for last 8 years) and neighbors can say staying alone will contribute.

My guess he they won't turn up and you will have exparte.

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Ramanathan PS 07 September 2016

Sorry for late reply.

I am telling once again the full story.

She is working as a teacher in a reputed private school (with PF, gratuity etc.,) for the past 8 years in her residing district ( which is 100 kms from my residing district). My son is also studying in the same school for the past 8 years.

She is having Voter ID in her parents address. She is having AADHAAR with her father's name (and not my name). My son is having AADHAAR with my name. But all the above with her father's address only.

At our marriage itself (arranged marriage) her father and mother didn't give up for a family photo. In 2009 (we got separated in 2008), there is no invitation for her sister's marriage. They avoided me.

I have Tamilnadu ration card in which I have removed her name and my son's name (actually they fought me last year over this that they want to add in her father's ration card). With no other option I removed names and sent the documents. Now, only my name is there in my ration card.

If I file a divorce case how much I want to pay her (tell me approximately). I am earning Rs.2,00,000/- p.a (filing IT). And no other assets I have other than a 2011 model bike.

She is earning Rs.1,80,000/- (salary) and her ancestoral property (which is in her grand father's name will cross Rs.2.00 Crores)

Please give me suggestions.

Thanks.