Socialist12 (Retired) 07 July 2012

Divorce due to depression

Dear Sirs,

My friend has been deserted by his wife for more than 2 years now. He already had depression during marriage which the wife also knows. Now it has increased due to the desertion of his wife. He is not able to speak to his kid also since she cuts the phone. If he applies for divorce, how long will it take? His parents want to get him settled with an understanding lady before they pass away. Also the wife earns around 3 lakhs per month. My friend doesnt have a job now.

thanks

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 July 2012

Desertion of 2 years or above is a ground for divorce - your friend can file for the same, but he should be prepared for the flurry of false dowry cases etc. As regards the question of maintenance if he is unemployed and the wife is earning fairly well then he wont be liable for maintenance.

Adv Archana Deshmukh (Practicing Advocate) 07 July 2012

@ Socialist12

Your friend can file for divorce on the ground of desertion and also claim visitation rights to his children. If he is not having any job and his wife is earning 3 lakh/month, he can also claim maintainace u/ HMA.

Socialist12 (Retired) 07 July 2012

Thanks to both of the members for replying. They are planning to file under

1. Desertion

2. Parental interference (they have written proof)

Can he file under cruelty and harassment since his mental condition has deteriorated. He has emails which the wife has written saying she doesnt care if he gets depression and most of the emails refer him as stupid,fool, worthless human etc.

She has also returned the registered posts which he sent to her address calling her back to his home.

Please let us know how long the divorce will take if she contests. Though I can't think of any reason why she should contest, since she will be much better off divorcing my friend. But we are puzzled as to why she also has not moved for divorce from her end!!

thanks

Adv Archana Deshmukh (Practicing Advocate) 07 July 2012

File under cruelty and desertion.

Parental interferance by itself is no ground for divorce. Also parents are not expected to severe relations with their daughter after her marriage. Whether the interferance is unwarrented and how it contributed to the harrassment of the husband will have to be seen.

Whether your friend's case is strong or weak can be judged only after considering what evidence he lays before the court and what defence his wife takes before the court and also the evidence she leads. Saying something on the forum is one thing while being able to prove the said facts by leading evidence before the court is another thing. Place all the evidence you have before the lawyer along the details of facts and he can tell about it. Prima facie it appears that he has a good case.

If the wife is ready for divorce, MCD can also be filed which will end the matter in 6 months.