aman (associate) 08 May 2010
Hi
I have been staying with by parents from last 2 years by wife is staying with her parents in another city, now she is asking for the goods which she brought when we were married, wanted to know the procedure for getting a divorce and need to know what harm it will make if I apply for a divorce as her parents are not interested in getting the divorce done, can they demand for money or not she thinks that I was not loyal to her due to which she left me.
Thanx
Aman..
adv. rajeev ( rajoo ) (practicing advocate) 08 May 2010
If they are hindus divorce can be filed only on the ground of desertion under HIndu Marriage Act. If muslims they have to follow the procedure of prounouncing Talaq or declaration suit to dissolve the marriage.
adv. rajeev ( rajoo ) (practicing advocate) 08 May 2010
It is the duty of the husband to maintain the wife. Divorced wife can claim maintenance.
G. ARAVINTHAN (Legal Consultant / Solicitor) 08 May 2010
Wife can file maintenance any time. Before divorce or after divorce is irrelevant
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 08 May 2010
Dear Aman
In your case you have right to move divorce petiton on the ground of desertion. Desertion means your wife has left your company sice long and no more interested to join your company. Hence the very object of the marriage has failed.
as far as maintenance is concerned she is entitled till remarry. before marriage or after marriage is irrelevant.
Dont hesitate hire an advocate of your choice and go for divorce.
rohiniumesh (freelancer) 08 May 2010
DISCUSS WITH HER AND IF SHE SHOWS POSITIVE RESPONCE FOR SEPERATION THEN GO AHEAD DIVORCE WITH MUTUAL CONCENT
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