(Guest)

Need help in filing a case in andhrapradesh

Hi, I am from Hyderabad area and married for the last 6 years. We have 2 kids(both are boys of age 5 years and 9 months). In this married life of 6 years, always my wife fights with me and used to go to her parents place. After a month or so..me or my mom used to go and get her back. In this process, I did two sessions (one from DSP of district and the other caste meeting). Both times my wife agreed to obey the family norms and respect to hubby but the tail of dog as same.

Now she has gone her home after fighting with me and even this time she got operated without my knowledge (tubectomy). I came to know yesterday only. I am annoyed now and wish to file a case against her for divorce. Is there any way to do so and is there any chance for me to fight?

Please help.

Thanks and Regards,

Murali

Reply Follow

3 Replies

sridhar pasumarthy (ADVOCATE) 22 November 2012

For how long your wife has been living away from you?

1 Like

(Guest)

Hi, My wife left my home on 18th October 2012 and got operated in her village on 30th October 2012. I got the report from that hospital (from other sources). Apart from this, my wife blames me for illegal relations, not supportive, mental torture etc..and she hates my parents and wants to live seperately. And I m the only son and how can i leave my parents when they are taking care of my kids like anything. Already I had gone for two compromises earlier (one with DSP of our district and the other is caste meeting and in that document it is clearly mentioned that if next time my wife goes to her parents we have to go for mutual divorce). Please let me know whehter that document is a valid one along with this tubectemy. Please help me as I am deeply missing my kids. I am really really struggling and please help me in this regard.

Thanks and Regards,

Muralidhar M

ANAMIKA VICHARE (LAWYER) 24 November 2012

You first send her notice, making all the allegations agasinst her which she has done and call hcer back for the future of the children within 15 days of the receipt of the notice, if she does not turn up... then you can file divorce pettiion u/s.13[1][ia of HMA, later during pendency, you can seek amendment as to the desertion ground if the matter is not over.

Once you file divorce petition, her drama willb e over, she might come back, but then you take her back on trial basis, so that if she goes again you can contest your case, there is also chance of mutual consent if she agreed to give consent.

if she doesnot turn up, you can get ex-parte decree of divorce

for futher queries confidential anamika_vichare@rediffmail.com

Lawyer from Family Courts, Bandra, Thane, High Court, Sessions Court, MM Courts