Divorce query

oh ohh!!!

Yes,

Steps are mentioned in this forum at mulitple places. Also excercise of safeguarding 498a.

Does your friend need child custody?...Are there sufficient proofs for the alleged affair...

For the time being suggest your friend to keep wrting to his wife expressing her willing ness to come. Dont let situation look dormant...

Regards

Chetan(dot)7679(at)gmail(dot)com

hello,

yes your friend can apply for divorce.

go through the safeguard document.

regards-

rahul.gogreen@gmail.com

No, this guy is not looking for the child custody at this time.  He has proofs for the affair.

He and his well wishers wanted him to move on in his life.

He has already waited for 2 years so can he now file for divorce showing her willingness to return as a primary reason ?

yes, two years of separation is valid ground to seek divorce on desertion ground

I have read couple of other forums... and found that NCR has to be filed first?

Also it is difficult to get a divorce if male files for it ? is it ? Now since it has been two years that she did not return if he files for divorce how long will it take for him to get divorced ?

hello,

NCR is helpful in false cases.

duration of case depends.

he just need to fight case on merits.

regards-

rahul.gogreen@gmail.com

Hi Rahul

You seem to be advicing NCR on this forum.

Please guide me that how NCR is helpful in case cognizable criminal offences like 498a,406?

For divorce, NCR offers  little help. Why to leave it aside.  That should have been done two years back, now no point. ( If you choose other ways thats fine,:-)

NCR is nothing but a non cognizable reciept that he police gives as an acknowledgement for non cognizable offense...

Regards

Chetan(dot)7679(at)gmail(dot)com

You can file a divorce on adultery grounds if the husband has not cohabited after discovering the affrair...Cruelty is a valid ground too....

Regards

Dear Ria, 

Your friend can file two types of cases, firstly, if he wants his wife to come back and if he is willing to continue living with her, he should file a case for restitution of conjugal rights. 

Secondly, if he does not want to live with her and wants to get divorce because of her affair, he can go for divorce on the grounds of desertion. If the wife is living in adultry with the person with whom she is having an affair and if your friend is in a position to show the adultry on the part of his wife, he can raise that grounf too along with the ground of desertion. 

your friend can also claim for custody of his children if he is willing and ready to take up the responsibility of his kids.

it is really not important for your friend to wait and watch for his wife's case to be filed first. he can straight way go and file for divorce if he has made up his mind for the same.

I do hope the above would help your friend.