Kumar 16 November 2015

Divorce after separation of 6 years

I am married in 2004 when I am persuing my Post Graduation. At that time my wife is persuing her Graduation. After completing her graduation she joined for Post Graduation (MCA) at her home town and completed in 2006. Then she joined as lecturer in the college where she completed her MCA and continued to stay at their parents home.
I joined in a Software Company at Chennai in 2005 and used to visit my in-laws house every week-end as my wife refused to come to chennai. Her brother is a Green Card holder and some way he managed to get her H1-B in 2009.
In 2009 May my Father-in-Law called me and asked for Divorce. I refused his request. Then he went for a local lawyer with his advise threatened me booking a case against me on the charge of Dowry. They didn't allowed even me to call to them and visit their home. Lawyer threatened me that dowry case is Non-Bailable not only me my parents alos booked under it. He said the moment I try to contact any lawyer, he will book the case against me and he had hour to hour updates. At last I agreed for the divorce.
Their lawyer said he will be sending a notice through the registered post twice I should recieve it and should not reply to the notice. So that divorce will be issued. I agreed the condition. I waited for their notice nealry 9 months. I didn't recieved any notice. I thought they might changed their decision. I tried to reach their Lawyer but he didn't attended my calls.
At last in 2011 I went and met their lawyer. He said that my In-Laws advertised in local news paper edition that I absconded and my wherabouts are not avaialable so that they are not cutting down the relation with me. He moreover advised me to drag them to the court. I suspected that Lawyer might have demanded huge money as my wives brother is in US. I returned back helpless.
I went back to chennai and continued in my Job. In 2013 I went to in-laws house. They are not there. They sold all their property and they cancelled their mobile numbers and they removed their names from the local Voter-Id.
I sent mails to my wives brother asking about divorce related document. He never replied to me. I checked my wives Face-Book profile her sir name is changed. Might be re-married. Only contact is my wives brother mail-id but he is not replying to me. Only marriage proof available is my marriage photos.
I have few queries
1. How can I found that I am divorced are not.
2. Is it possible for me to apply for the divorce now.
2. Is my wife can came back any time asking for maintanence.

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9 Replies

Kumar 16 November 2015

One small correction. At last in 2011 I went and met their lawyer. He said that my In-Laws advertised in local news paper edition that I absconded and my wherabouts are not avaialable so that they are cutting down the relation with me.

HIRAL THAKKAR (ADVOCATE ) 17 November 2015

The acts of wife are not only illegal but it is immoral.

Your wife must have some sort of extra marital affairs.

They are putting in your mouth of having left and not known for more than 7 years.

You need to catch a local lawyer and file petition for divorce on the grounds of cruelty as well as irrevocable break down of marriage.

Regards

SAINATH DEVALLA (LEGAL CONSULTANT) 17 November 2015

"In 2009 May my Father-in-Law called me and asked for Divorce. I refused his request. Then he went for a local lawyer with his advise threatened me booking a case against me on the charge of Dowry. They didn't allowed even me to call to them and visit their home."

Can U clarify this para,why UR FIL sudddenly asked for divorce.I shall come to the later part of UR query after reply from U.

Nitish Banka (lawyer) 17 November 2015

Go for contested divorce on grounds of cruelty

Thanks & Regards,

Nitish Banka

9891549997

Kumar 17 November 2015

Hi Sainath Devalla,

Although my In-Law called me suddenly and asked about divorce. Before that a chain of incidents happened.
My wives brother applied H1-B for my wife without my knowledge. Her petetion is approved. They told me that she will travel to US once visa got stamped. They asked me to travel US on Dependent Visa. I told I cannot travel on Dependent Visa because I am not elgible to work in US on dependent Visa. They told that one of their relative is running a hotel I can work in that. I didn't accepted that proposal also.
My parents are dependent on me. My mother is Thyroid Patient. I need to take care of them. Unable to convince me they choose that path to get rid of me.

SAINATH DEVALLA (LEGAL CONSULTANT) 17 November 2015

So the person at fault is UR wife and not UR inlaws.Have U come out with the correct facts that transpired between U and UR inlaws? Or is there something else.6 yrs of desertion is a long time by UR wife.If what U R saying is correct,they have done everything willfully.First thing U have to do is to trace the where abouts of UR wife.Then proceed legally.

Kumar 17 November 2015

I came with all the correct facts. Even thier lawyer knows the actual facts. No need to hide anything at this stage. They want to get rid of me.

I will try my level best to trace whereabouts of my wife. As per my wives brothers facebook profile he and my In-Laws are curently at US (Dallas). I am not sure wether my wife is in India or US. In case If I am not able to trace her what is the next step .Only contact is my wives brother mail-id and wives brother and my wives facebook Id.

ANAMIKA VICHARE (LAWYER) 19 April 2016

You got married in 2004 and you have wasted 12 years of marriage, you went in 2011 to know whether divorce took lace. Anyway youfile divorce petn on the grond o =desertion and first time summons get issued/served at her lastknown address and thereafter issue summons thru puvlication of notic newspaper and get ex-parte decree ofdivorce. Why are you wasting your life time