Desertation

Dear sir, My wife who has deserted me has sent me below email from overseas. And wants me to file divorce application myself without her coming to India and involving any more in this case. She wants it to be ex parte decided. Kindly inform whether it will be better to go for contested application with desertion case or mutual consent without her presence or a combination of mutual consent and desertion as it’s for sure that she is not going to come from overseas for this case as is evidence from her email below also which has been sent as a note with her signature also. Email as I understand is an acceptable evidence under the Indian Evidence Act 1872 although it might be verified by the court whether she has sent it or not.

Kindly clarify.

Thanks

Kind regards

RKumar

> I married on 10/08/2011 with Rakesh Kumar at Delhi under the Hindu

> Marriage Act and lived with him till 24/7/13 when I left for native place in Russia.

> Due to social and cultural differences I unable to continue to live

> with him. As such I see no possibility and no solution of living with

> him anymore. My views of family life are different with him and I

> cannot prove myself to be his wife. I find myself very difficult to

> accept, adjust and continue to accept Hindu religion, customs and

> rites.As such it shall be better in the interest of both to depart and

> live peacefully in our own way in future. Accordingly I suggest to

> divorce the relationship mutually in the interest of both. There was no

> issue out of this wedlock. I do not have anything to claim whatsoever

> from him. I suggest any further legal formalities whatever maybe

> required be completed soon without my physical presence.

> 

I advice to file a mutual Divorce petition signed by husband and wife's signature shall be verified according to Indian Oaths Act.

@Krishna Chandra Das: Your query regarding your daughter-in-law's sudden change in her behavior deserting her husband as well as her matrimonial home without any reason has put you into confusion, right? But do you came to conclusion that the resumption of conjugal relationship between them any more is impossible?  and also how do you say that an attempt for their reunion may create more adversity and loss of peace?, you being an elderly person at home, should probe into the reasons for the present awkward situation and embarrassing moments between them, it is you who has to talk to her parents and arrange for a compromise and their reunion by reconciling all the issues, instead your query raises eyebrows.  This, if nothing seriously took place at abroad during their stay together there, can be very well sorted out by sitting talking out all issues instead of looking for legal solutions at this early stage.  You have to initiate for  peace broking process.  Alternately, just keep watching the developments by doing nothing for another six months period, wherein the passage of time will solve many issues.  Do not hurry up for solving the issues legally, you will land up in the trap set up by your ownself thus.