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Mr Harish chander (goverment offr)     30 July 2012

Divorcee

My wife has filed DV case against me and my parents and brother.

We are staying separately for last 18 months and I am regularly

witting to the cops so that she does not file a wrong case. She tried

498a but cops could not register it as she has no matter. The senior

cops on investigation have given in written that it is a property matter

and not a matrimonial dispute as alleged by the lady. CAW cell tried

to mediate but failed due to her and her families arrogant attitude. Women

commission also failed. I tried my best to reconcile for the sake of my children

but the lady has even gone to my work place and complain to lower my social

prestige. I am fed up with their continuous threats and intend to file div case in

a few days time. Pl advise if the 18 months of staying separately which I have informed

in written to cops spped up my div case ? also can i travel out of country for 1 year, is

my presence mandatory or I can be representated by my parents and my lawyer ?

Pl help...Thanks



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     30 July 2012

  1. dear querist ,
  2. file divorce case taking the ground of dessertion ,as you are living sepererate from last 18 months
  3. you can also file case of defamation against youir wife to lower down your reputation in the society.
  4. yes you can go abroad for one year without any obsatacle if you have no litigation and involvement in courts and if you have one you have to file security bond along with some gaurantor who will ensure your presence before the ld court on need
  5. yes lawyer can represent your case
  6. feel free to call

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 July 2012

1. You can file a divorce on the grounds of cruelty. Desertion of 2 years is mandatory for taking desertion as a stand alone ground. However you can say that 18 months of desertion metted out cruelty to you.

 

2. There is no impediment in you travelling abroad unless there is a specific order in that regard.

 

3. Endorse the views above.


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