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Subhomoy Das (Retail Manager)     22 April 2015

Divorce

My wife have left house in 2011 on her own wish and staying at her parents house and working in a semi govt school. We got one son who is 4 yrs old. I have tried my level best in persuading her to return back to my house but she didnt . Rather she is willing to come just for 15-20 days in a year during summer vacation time when her school remain closed. I didnt agree on that condition because i told her that you are my wife and one of the key family member of my family. You are not a guest that who will come to visit our house and stay for 15-20 only in a year. We both are from different neighbouring states. Recently i came to know that my wife is applying for the state public service commission where her parents is staying. Though she is working in a semi govt school , she is looking for better oppurtunities. I cam to know that in the Public Service Commission application form she have mentioned her surname of her father surname and not my surname. Next she have mentioned her marital status as MARRIED but in the place of Husband Name coloumn she have kept blank. She didnt mention my name as husband name. At the end she have signed the declaration that whatever the information she have furnished is correct. My question is ? 1. Does her act where she have suppressed the information by not mentioning Husband name is an act of Crime. As the PSC is a public body conducting public exams & recruitments she have suppressed the information. If she is claiming herself to be a Married then who is her husband. I myself, or Mr. A or Mr. B or Mr. C or Mr. D .......... etc. 2. On basis of this evidence can i file for Divorce as she is not acknowledging me as her Husband anymore though no Divorce or any other case have been filed in the Court of Law. Is this is not an act of mental cruelty. We are not yet divorced and till now no divorce or any other cases have been filed by either parties but before that she is not acknowledging her husband anymore.



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 3 Replies

Laxmi Kant Joshi (Advocate )     22 April 2015

Yes it is a strong evidence for proving mental cruelty, but how you know it and have you the proof to prove it in the court, otherwise she will alleged you that you are harassing her, better you talk to her and proceed for mutual consent divorce.

Subhomoy Das (Retail Manager)     23 April 2015

@ Laxmi Kant Joshi. 

I have the proof. I`m having the Print out of my wife`s application form. Yes i have to play a simple trick to collect the evidence. My wife casually told me that she applied for State Public service commission of a particular exam. Apart from that she didnt revealed any other informations. I have visited the State Public Service Commission website and clicked on that particular exam details where there was one option was there " FORGOT REGISTRATION NUMBER ". By clicking on that it asked Candidate name, Father`s name, Date of birth. Which i know everything. I entered the relevant information and got her registration no. By clicking on the registration no. i got the application form of my wife where i have notice that she mentioned her marital status as Married but didnt mention my name in the husband name coloumn. She have mentioned her Father name & Mother name in the respective coloumn. She have left blank in the husband name coloumn. So as of now when we are not divorced or not even any case relating to divorce or DV or 498a etc. have been filed how come she can dishonour me as her husband. Then who is her husband. I myself or Mr. A, or Mr.B, or Mr. C or Mr. D ..............

For my betterment i have to collect the proof any how. Court will not listen to my words simply. Court needs evidence.

SuperHero (Manager)     23 April 2015

@Subhomoy Das - What if your wife says - someone filled the application on her behalf and they left the details blank.

The case can be argued so many ways and in different ways by different lawyers.

See if she is willing to join you or else go for Mutual consent else both parties will file cases and need to roam court endlessly.

Time is Yours...


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