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Rohit Shukla (Engineer)     14 November 2011

Divorce query - urgent

Dear Ld. Members,

Seeking answers for few queries  and situation as given below

Jun 2010 - Got married

Dec 2010 - Wife left for her parents place for meeting them

Jan 2011 - Called her, says its so early, want to spend some more days. Refuses to come

Feb 2011 - Again called and wished on B'day, sent her gift and asked to come. She says she loves me alot and so am I (SMS) but she can't come ....she even cannot give the reason for the same.

Mar 2011- Called her again with a warning that its my last call thereafter I am dead for her if she doesn't return in a month. No effect. Rather she trying her hands in getting admission in some local colleges so as to spend another few years (found out through intelligence)

July 2011 - Relatives went to bring her back, she backs out again, her parents admits the mistake and apologies and also request that they will send her in Oct during Navratras. Relative came back with the assurance.

Aug 2011 - Her father call's my relative's saying she got an admission the very next day when you guys left, that too in last session itself (2010-2011) which will last till Dec 2011. so will now send her post Dec 2011. (Checked out for the university, its a fake admission with a non-existent University)

While all this is happening, the husband has recorded everycall of her/her parents

Nov 13 - Girl appears for UPTET exams with her paternal name "Sarika Pandey" instead of 'Sarika Shukla" her matrimonial name. the plan is to get a job in UP and spend rest of life with her past boyfriend. Husband even has the copy of her application.

Now the questions

1. No conjugal relations as she was never interested from day one (recording available) - Is it a ground for cruelty to file divorce?

2. Her pre-marriage sms with her boyfriend and her post marriage contact with him as reflected in call details ( Husband has got the handset, SIM and call detail records). Surprisingly she never made a call to her husband even onece till two months after marriage - Is it a ground for cruelty to file divorce?

3. Several lies and shouting at husband (all recordings available) - Is it a ground for cruelty to file divorce?

4. Filing for various exams without husband's consent and without his surname - Is it cruelty?

5. Filing wrong domicile to various central government organizations - Is it cruelty or can IPC - 420 can be used here?

 

Please guys suggest the "To the point" answer and suggestions in such case to take it further. The girl is in BIHAR while the Boy is from UP and got married in South Delhi

Awaiting reply

Regards,

Rohit



Learning

 1 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     14 November 2011

Dear Querist,

 

As regards Q.1 to 4, facts appear to suggest that you have not one but many genuine grounds for seeking dissolution of marriage and particularly on ground of cruelty alone.

 

As regards Q.5, you may lodge appropriate police complaint in addition to step proposed to be taken by you against ex-wife as per advice above.

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