Documents/proofs required to prove wilful desertion by wife?

" She does not want to come back" cannot help you to prove the wilful negligence.  To prove it, it requires evience of the elders.

The third one will help you.  If your proved the affair of the wife then you will be succeded.

@rajoo: Wife is away from husband for an year or so. Can this be ground for divorce? Is there any limit on how many months/years wife and husband should be living seperately to apply for divorce. if applied for divorce on these grounds, should husband/wife tell why they were living seperately

These tactics are chidish. Once you allege and even if true but not able to prove it will be fatal for you.

For filing mutual consent divorce one year separation is required.

For filing divorce on desertion ground two years desertion is required.

Two years desertion is required and all are valif proofd.

Regards,

Shonee Kapoor

harased.by.498a@gmail.com

After this 2 years desertion do husband require to file RCR to show his intention to bring her back or go for mediation or simple divorce case is ok.

And can he file case after 1.45 yearr for cruelty and add desertionafter 6 months.

@Shonee: what kinds of proofs are required to prove that husband and wife were living seperately for 2 years.

In my case, I am staying in the USA and wife staying in India.

It is already more than an year since we are living seperately.

No need to file RCR in such a case.

Moreover RCR is a useless weapon!

DESERTION grouds have some pitfalls, u shud be aware:

1) Its difficult to prove, she may tell -- we were along for on that day 2 months ago etc etc

2) The term WILFUL DESERTION has many a catch. She almost universally submits allegations in her reply that she has moved away just due to dowry demands, harassment, danger to her life, ill behaviour, job restraints etc etc

So do homework & consult a good lawyer meanwhile

u have to dig up acceptable proof by dercided cases in fly ct/ sc; and folllow the same in ur case ;

desertion , even living in sam house under same roof is also possible, if u prove no cohibition, not on talking terms, not sharing bed & -- so on. Ther are athorities/ citations, & one have to bring his case in that particular forma to win desertion cases.  Lots of grey area in mat laws!

Do sending mails/sms or calling on phone to wife to come back and meeting her to convicne her etc. change the status of desertion.

If you are in US and she is in India, then passport stamping of immigration would be proof of sdtaying seperately.

Now who deserted whom is a question of trial.

we would like to examine your case and the suggest you the best remedy so that you get rid of this very fast.

kusum guota advocate

08826805283

Here comes the help.

1. any credible proof of factum of separation. (even a legal notice and its reply helps)

2. Any credible proof of continuation of separation as of day of filing desertion plea. (and it should be min 2 years as per HMA)

3. Any credible Proof that other party willfully deserted without reasonable cause (this is where other party challenges the petition and makes the counter allegations)