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pratap singh (officer)     20 September 2015

Divorce from run away wife

I got married June 2014 , my wife was having affair with a boy which got revealed from her call detail.

 

  • She ran away on Feb 2015 with her boy friend and threatened me twice through whatsapp of boy friend.
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  • Police recovered her on my missing complain on Sep 2015.
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  • My wife confessed in written statement that she is living with his boyfriend after missing on her own wish, statement counter signed by her mother, brother also and handed over to her mother in written.
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  • My wife not agreed on mutual divorce thinking of extorting money as i am government servent and their parent are now in same mood.

 

 

Please guide me how to move for divorce and safe guard from being extorted I am from Patna Bihar



Learning

 9 Replies

saravanan s (legal advisor)     20 September 2015

file a contested divorce case on grounds of adultery and cruelty.if you can prove the adultery ground then she is not entitled to claim any maintenance from you.

1 Like

pratap singh (officer)     20 September 2015

saravanan s  , Sir how how much time generally it takes for getting divorce on the basis of adultary and cruelty.


(Guest)

Yahi koi 10 - 15 years mein mil bhi jaayega., aapki kismat agar acchi ho toh.  Best is take MCD.

1 Like

Samir N (General Queries) (Business)     20 September 2015

You have more than enough evidence to get a divorce based upon mental cruelty. Preserve it and get more, if possible... photos, address of her current stay, details of her male partner, etc. Women like her are not open to MCD. You cannot file adultery against her but against her live-in male partner. Thats the law, I think... Just check on it.  If I am right, grounds for adultery will not be there for you. 


Then after filing the petition, wait until two years pass by since she deserted you. Then amend the petition to seek divorce based upon desertion too.  If you keep the proceedings thin, that is avoid filing unnecessary applications, you can get a divorce in three years.  Advocates will make you file all kinds of applications which delay the proceedings. Just analyze if the application is going to provide any major relief. If not, do not file it. Focus on the BIG PICTURE: TO GET DIVORCE.  In your case, she will also not qualify for maintenance. If possible, file a separate suit against her male partner for civil damages and also go to the Police Station and lodge a FIR under Adultery against her male partner. If they refuse to register it, approach the Magistrate.  Go on the attack on all legal fronts... 


If she finds that you GOT her... she may consent to a MCD.  Thats the purpose of filing the FIR - to meet the end objective in the shortest time.

SAINATH DEVALLA (LEGAL CONSULTANT)     20 September 2015

Yes Contested divorce is the only solution for U right now as she will not agree for MCD. A contested divorce is just what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take much longer to complete and typically involve greater stress,time and money.

advocatepassy@gmail.com 971794 (Advocate)     20 September 2015

You should file a case against your wife as she is leading adulterous life. She is living with other man without getting divorce from you. Do not yield to any if her demands.
1 Like

K.S.Srinivas (Advisor (HR))     21 September 2015

File a petition for divorce on the ground of cruelty and adultery.

It is not possible to mention about the specifi time period for getting divorce from the court.

1 Like

pratap singh (officer)     25 September 2015

Sir,

can i go for RCR as she will not not appear in court or come back again leaving his liveinboyfriend and i will  get ex-party divorce.

saravanan s (legal advisor)     25 September 2015

very rarely divorce is granted for that reason

1 Like

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