Divorce details

make out the grounds as mentioned in sec. 13 and file petition for divorce.

this is the only option.

1.    Seek remedy of ‘judicial separation’ under HMA (assuming parties personal Law to be Hindu Marriage Act) on grounds of husband’s desertion where statute permits decree of divorce after one year of its passing.

2.    For seeking above advised relief chamber consult with a local advocate found via reference.

When did you leave the house? Voluntarily or did he desert you? Did he make any attempt to get you back and does he have proof of the same? The answers to these two questions would entitle you to a decree of divorce on grounds of desertion. Desertions must be by him and not by you or  at least should not be unjustifiable, if by you. If desertion was by you, then you will also have to seek cruelty as grounds otherwise it would be assumed that the desertion was by you.

Just do it peacefully and amicably.  Do not file police complaints, DV, 498, bla-bla-bla cases and make life hell for you, him , your parents, in-laws and your daughter. Even during Court appearance smile and show no animosity. See, how quickly things will get resolved particularly because you are not seeking any money.  If true, thats one in a mIllion case. God Bless you!!!

I left the house by my own, he never spoke to me directly but tried to get back by some mutual associates, but i was not ready to go back and informed them the same. Before leaving the house we were living seperately in the same house for almost 4 years. Just need divorce from him nothing else.

As per your query it seems that you desperately need divorce and your husband doesn't want even at 100% discount rate offered by you.

So,following are my opinions:

1. File for divorce on the basis of mental cruelity and desertion.

2. During first 3 years what mental cruelities done to you just write and choose the most pathetic ones.

3. Also choose the enormous cruelity done by him after 3 years that had made you adamant not to join him.

4. Hire an extreme smart lawyer who could argue your case on the basis of the above facts and Convince the judge that it's highly impossible to cohabit with the respondent as desertion been crossed the acute level where petitioner caan't rebuilt her mind by forgeting all the mental cruelities.

5. It's better that you are earning and lot's of time on maintenance cases and Dv cases and 498a cases will be saved,Just concentrate on you Divorce case only under sec-13 HMA.

6.Rest your God,Lawyer and Judge will do.

regards.

@ Author,

Then in that case use ‘cruelty’ as ground for seeking divorce and mention just ‘one or two instance of cruelty’ of his which triggered your ‘leaving matrimonial home’ r/w 'not cohabiting as husband and wife from last 4 years' and put special emphasis of 'marriage of parties is beyond repair now' in petition paras as no resumption of cohabitation continuously from last 4 years is there between parties inspite the other party offering resumption of cohabitation which all has lead to irretrievable breakdown of parties marriage.

The moment you file petition for divorce under cruelty ground with brief paras on above lines your husband will resist cruelty allegations and press to Court to send parties for reconciliation – mediation proceedings and the main case gets sine-die. You particiapte such mediation proceedigns.

Before mediation you stick to your one-two grounds of cruelties and non-resumption of cohabitation all these years, here you can offer MCD option to husband via mediator once again to make sense to your husband as marriage is going nowhere and if he does not still agree to part ways then eventually mediation will fail between parties.

Now the case will go back to Court to do inquiry (i.e. parties will file rejoinder – framing of issues will ahppen - witnesses list will be called for – oath statement be given- cross examination happens etc.) on one-two faults as grounds you have taken to seek divorce.

Now the suggested one-two instances of cruelty that you took in petition for divorce has to be such which points to threat to life and limb and hence is not possible to cohabit as man and woman under same roof. There has to be such events otherwise no wife leaves home and lives and empowers herself for so many years such be the pre-assumption (confidence) it should deliver to ld. Judge and here I can understand you may not like to mention the ‘events - triggers’ in a open forum and same can be Chamber discussed with an seasoned advocate.   

Here, if court is satisfied to the one or two instances / events that you mention in your Petition about cruelties then divorce will be granted. If Court is not satisfied then by a speaking Order may grant ‘judicial separation’ if orally pressed hard by your side’s advocate showing years the parties are ‘separated’ and no chance of cohabitation there durign final arguments stage.

Now, if court dismisses your petition stating cruelty not proved by you and observes that it is wife who deserted husband yet still ‘judicial separation’ cannot be granted then approach Division Bench of State’s HC and challenge the Judgment of Family Court. At HC the Judgment will be set aside and ‘judicial separation’ will be granted.

In above pressed grounds r/w hint of marriage being dead i.e. irretrievable breakdown instances that are suggested to mention in divorce petition, what will happen is that the current Marriage Laws Amendment Bill 2013 which is pending passing in Lok Sabha now-a-days, if gets passed meanwhile and becomes Act then this ‘irretrievable breakdown’ hint in pleadings paras that your Petition carries will be considered as wordings of the Marriage Laws Amendment Bill 2013 and will seek - get you divorce.

Anyhow it is not that when a party approaches Court then next day divorce is granted and today your situation is that of admittedly self desertee from a marriage so this case will go on for next few years and further you are working and child in few months will become major so your position is not seeing improvement than what it is today. Here your goal is to seek vanilla divorce decree which means as you yourself is not seeking money (alimony) or took any pendentelite alimony in past from husband except he is doing his duty towards parties minor child which you are not objecting to.

Now, flip all above advices and if you still move ahead with ‘cruelty’ as ground and mentioning in your petition just one or two such instances – events with time/date/year and how it caused you threat to your life and limb (wordings which any good petitioner can draft) and your husband replies and counters them saying you yourself deserted him then ‘gladly’ accept them during oral peladings, as ‘desertion’ is one of the grounds for divorce and petition will be in his favor i.e. divorce will be granted to him on grounds of your desertion and since you are not after converting your wrongs into rights via the petition so at a later stage if Court comes to view that it is you who deserted husband then facts of your goal to means is exactly that BUT since a petitioner by herself does never states I deserted my husband now grant me divorce in her own petition so opening few paras is reasoning advice which is what one can plead in such Civil cases under Family Laws which is called trying to seek reverse divorce social logics!

Divorce is no more dirty word and if one spouse is hell bent to get away then it is not advisable to keep such couples re-united by a bond of marriage which is ‘creulty’ to them and till date no such additional grounds exists hence above is means to end to seek one such decree in divorce and is not direction given to you to do something wrong as I believe there is something in your brief which prompted you to take such drastic ‘desertion’ step 4 years ago otherwise normal middle class couple donot live apart for so many years if everything is so rosy on the surface but then as we say it is nobody’s case made out in an internet based legal forum (portal) so I will end my reply.
[Last reply]

@Ashok...

I agree with you 100%. Her divorce petition will get thrown out. The bar for establishing cruelty is very high and desertion does not apply here for obvious reasons.

I feel that there is something more than meets the eye here.

@ Kavi,

New amendment Act has been passed in Lok Sabha today.  A week back it was passed in Rajya Sabha.  Now only president's signature, which is a formality is required to bring this Act into force.  So, for you it is only a matter of month.  After that you can file divorce on the ground of IRBM and only requirement is that you both have been living separately for the last three years and you fulfill this requirement and so you will get divorce on the ground of IRBM very smoothly and very quickly.

hema ji abhi amedment nhi hua h LOK SABHA me

@akash, Yes. u are correct. Thanks.  Even though it was placed in the supplimentary list for 6th Sept. it was not taken up by Lok Sabha yesterday and it concluded monsoon session sine-die.  Thanks again for correcting me.