Divorce based on desertion

Originally posted by : Abhi
	I & my wife are separated for last 5 years. She stays in her parents house. I have tried many ways to bring her back from last 4.6 years. Sometimes she agrees but in the end she doesn't come with some her own reasons. Whenever i went to visit her, i have stayed in her house. Does that mean we are not separated ? cant appy for divorce based on desertion ? Its been 5 years So my parents are concerned So wanted to take some legal action. What would be better way ? we have same age son as well.

If you have 5 year old kid, you better g@@nd m00chke adjust with wife wherever she is.  You are in regular touch with her.  This does not amount to desertion.  If you had sent notice the day she left your house, then something could have been done.  Now if you give notice, she wll return or reply something, you will have to wait for 2 years from date of giving notice to wife to claim divorce, provided she does not return at all.  Eitherways as you have kid out of wedlock it is advisable not to go for divorce.  If a advocate tells that he will get you divorce on these grounds then he is simply lying.  After a decade your divorce petitoin will get dismissed, you would have missed out on life a lot and done away with ten years of your life.

Dont take divorce is my suggestion.  Court also wont grant it on the above points.

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I visit her once in month for 2-3 days. From last 4 months she didnt allowed me to visit her as well. We are married according Hindu Law. After completing baby shower function, she has gone to her place & then she didnt return. She started doing job from there itself.

Thing is i can visit her only when she insists. what's your suggestion on it ? I have been trying to bring her back from 4.6 years. we are staying in different cities.

Can i apply for RCR ?

Originally posted by : Abhi
	I visit her once in month for 2-3 days. From last 4 months she didnt allowed me to visit her as well. We are married according Hindu Law. After completing baby shower function, she has gone to her place & then she didnt return. She started doing job from there itself. Thing is i can visit her only when she insists. what's your suggestion on it ? I have been trying to bring her back from 4.6 years. we are staying in different cities.

Yes this is right time to apply for RCR.  Section 9.  You send first notice via competent lawyer who handles matrimonial disputes.  Preferably old lawyer. State all facts as it is, dont add mirch masala.  Ask her to return, give time for 3 weeks, failing which you go ahed with RCR.  Best method is pay her money and take mutual divorce.  RCR will run for 3 years, then you need to see what happens to rcr, then file divorce, that will take 7 years to get over, end result unknown. Best is MCD, 6 months gauranteed divorce.  As child is 5 years old, file custody case also now itself, if child agree to come with you, court wont mind giving custody to you.

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I heard RCR is one year & then 2 years for contested divorce ... Do you really think it can go upto 10 year ?  I dont think she will come for MCD.

Dear Mr.Abhi,

Well advised by "Helping Hand" of Bangalore.

You are in touch with your wife, there may be only minor, ego issues. You are staying in her house, it means still hope exists to reinstate your marriage life. If she is last girl or only girl, you may find difficult in convincing her. However, explore feasibilty of conciliation with her and her parents with the help of elders of your family or elder friends on your side.

This is growing concern of our society now, dont give room for divorce.

Thank you.

My parents has gone there many times. Every time they ask us to give time. Its been 5 years & my parents are concerned about my life.  Somehow totally confused. Till now, i haven't taken any legal action. They dont want suggestion from anybody from the society. Only my parents can come & talk to them.

My parents are not good in communication. Shall i take some social worker or lawyer along with my parents ? 

please suggest ...

Originally posted by : Abhi
	My parents has gone there many times. Every time they ask us to give time. Its been 5 years & my parents are concerned about my life.  Somehow totally confused. Till now, i haven't taken any legal action. They dont want suggestion from anybody from the society. Only my parents can come & talk to them. My parents are not good in communication. Shall i take some social worker or lawyer along with my parents ?

First of all dont think about sending notice/ filing cases and / or taking lawyer with you while going for mutual talks.

It will surely backfire you because in return she will also go to another lawyer and then your family issue will become legal issue.

She has not filed any case on you it is the positive response from her side

If she is not willing to come back, give her some time. Try to remain in touch with her and your child and also take some financial responsibility of your child.

Time will heal the problems

Ok ... Thanks for the suggestion. I did right thing contacting here. Thanks all