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Nandha (NIL)     04 April 2013

Desertion without reasonable cause

Dear experts,

 

Divorce on the basis of desertion reads that "desertion shall be without reasonable cause"

 

If wife stays away from matrimonial home for more than two years, what are the "Reasonable causes"   she should have that court will accept ??

 

In case, wife has created an evidence like hurting herself and then left matrimonial home and gets medical treatment for injury and then stays away from matrimonial home citing that she was physically assaulted by husband and hence will show it as "Reasonable cause".

 

How to prove that it was she who inflicted injury to herself and trying to frame husband?

If court is not satisfied with the evidence, can husband make use such false allegation to get divorce? please advise.



Learning

 9 Replies

Nandha (NIL)     05 April 2013

they showed a govt dispensary emergency treatment slip as she left home in the night. still don't know what kind of injury is mentioned. I don't have any evidence like audio or video clips. but my mom and my uncle son saw how she hurt herself.

Chetan Joshi (Advisory/Advocacy)     05 April 2013

A smart cross examination should suffice.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Trupthi Agarwal (advocate)     05 April 2013

if u want to continue the marriage with her then file a suit for restitution of conjugal rights. besides that she and her family members can also be dragged in the cross exam

1 Like

Nandha (NIL)     06 April 2013

@trupthi, How can one cohabitate with a girl who has criminal mind to trap husband in false cases just to cover up her wrong doings?

My concern is how to show the court that her injury is self inflicted and that she has done the same with ulterior motives. My wife & her family members are relying on this certificate to harass me legally. 

 

Can anyone tell me whether a 'Legal Notice' is sent through court? or , a notice sent by lawyer through registered post is considered legal notice? please advise.

 

Thanks

 

 


(Guest)

 

Originally posted by : Nandha





 

Wife's FIL & BIL dragged me to the police station for just want of her old clothes. Wife was not present in the police station. When there is no case filed by either side. Isn't it a cruelty calling the husband to police station and harassing him? Can this be mentioned as one of the cruelties in Divorce application?

 

thanks

 

 

 

These are third class people.


Cannot live together, part ways amicably.


Go police station, go give complaint, call husband, call in-laws, all these are third class people who dont have value for you neither do they have some for themselves.


Of course it amounts to harrasing and cruely. but... there is only one solution for all this.  File for divorce.  All these points you mention in your divorce petition, 

Nandha (NIL)     06 April 2013

@helping hand,

 

Thanks for your comments. As you too guessed that they are 'third class' people, they can go to any extent to harass me and my family members hence I am still confused how to proceed!

 

thanks

 

 

 

 

 

Prashant Ghai (Advocate) (PrashantGhai.com)     06 April 2013

A very thorough and smart Cross Examination of the Doctor and your Wife is the way to prove your innocence.

Trupthi Agarwal (advocate)     06 April 2013

i agree with Mr. Prashant. they can perfectly design a plot against you and your family members but they cant avoid a fiercing cross examination by a good lawyer. and a legal notice is sent through an advocate only

Nandha (NIL)     07 April 2013

@prashant, Trupthi

 

thanks for your comments. 

 

Please let me know whether I should file any objection in the police station that the medical certificate shown by my FIL was that of her self inflicted injury and not hurt by me. I explained it to the police officer, but he did not listen to that, instead he compelled me to go and bring her.

 

After knowing that she has a fake certificate, if I keep quiet without taking any action, will it affect me during any court proceedings? It has been two months since the police station episode. Please advise. 

 

thanks


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