Harsh vardhan patial (Network Design Engineer) 19 April 2010

Can I get divorce in this Case

I am qualified IT engineer working in africa and I have a problem with my wife almost 2 years now, we never stay together and my problem is since I got married she never cooperate with me and always keep on questioning me first time when I got married her phone are frequentlyt coming in our house and My mother ask her to stop these phone calls but she was not ready and slowly-2 she create problems at home and she went away with out of any information and she go to her parents house and fater we went there she give me lot of blames and her family also support her and not one time 3-4 times she went away from my home and go to her parenst house and lot of time she hurt to my mother also and when i tell to her parents about this they told me may be problem of ur mother but my mother never interfere with me and i heared that she had a affair with some else before marriage and when i ask her she ignore this and after maraiage also she keep on calling him and his wife told me that ur wife calling to my husband so recently her parents came and taook my wife to her house and now she keep on pressing me to come to her house and take ker or live with her and always when she will be at my house always said I have to go my house. In this case can I get divorce or any other solution..

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8 Replies

Rohit Krishan Naagpal (Advocate) 19 April 2010

yes u can file for divorce !

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9212786555

Harsh vardhan patial (Network Design Engineer) 19 April 2010

Mutual divorce is poosible in this case? and How much time it will take?

OLETY NAGENDDRA KRISHNA (B.Sc, B.L) 19 April 2010

Yesd you can get divorce in this case, if you are able to establish cruelty on the part of your wife and also if you can prove that she has got afair with other man, by clinching evidence and if you are living seperately from your wife for the past two years it will help you to get divorce

Bobby Mani T (Lawyer) 19 April 2010

it is possibe to get divorce on mutual consent, if she agrees. Other wise you have to file a petition on the ground of cruelty, coupled with desertion, and if you can proove it with adultary.

The problem is that she may claim maintenance which you will have to pay her every month, further she may file a suit for recovery of money she gave you at the time of your marriage

Kiran (Consultant) 19 April 2010

you have to wait for 2 years and prove that there is a continuous dessertion of NOT less than 2 years period from your wife to make ur case stronger..

Bobby Mani T (Lawyer) 19 April 2010

surely you can get divorce, the better way is to ask her to file divorce and you keep yourself absent from the proceedings, thus you get a decree of divorce very soon. and with out much hindrence. Here also you may have to pay maintenance to her

Dharmesh Manjeshwar (Advocate/Lawyer) 19 April 2010

Divorce by mutual consent is possible only if ur wife is also ready to divorce u .... time for this would be around 8 month apprx ....

If she is not ready to divorce u then u have option to file for divorce on the grounds of cruelty ..... u will have to prove ur case and it is obvious that ur wife will contest and therefore this would take long ...

Bobby Mani T (Lawyer) 21 April 2010

Order under Divorce by Mutual Consent will be passed within a very short time. Whether she will be willing to file a petition under mutual consent is the question.