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nnath   28 December 2014

How can i divorce my wife?

In 2011 due to job transfer, me and my wife were shifted to Calcutta. After couple of months, she went to her parent house in Tripura with my daughter. I hard that she is involved in an "emotional affair" with her close relative. She has changed her phone number for last 3 years.  She started a job there in a private school and closed all type of communication with me. She denied my money order.  I tried to contact that that school and but school authority said they has no permission to share her phone number. All posted letters back to my postal address for many times since my wife did not accept them. I tried to contact her relative via social media but he threatened me negatively. I have that chat history.

I don't know what is the legal step. It has been around 3 years. I think this relationship is dead. How can I get a divorce? Please help.



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 7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 December 2014

Dear, File a divorcee case on the ground of desertion and cruelty .... Kapil Chandna Adv 9899011450

nnath   28 December 2014

Can I file this case from Calcutta? or I will need to file it from Tripura?

K.K.Ganguly (Advocate)     28 December 2014

1. You can file a divorce petitio at Kolkata,

 

2. If she wants to contest it (which she may not), then she may file a petition before the supreme court to get the case shifted to Tripura where she now lives,

 

3. If she does not attend to the case file by you at Kolkata, you will get the decree of divorce ex-parte at Kolkata,

 

4. It will be best if you ask her to agree for mutual consent divorce which will be settled within 6 & 1/2 months from the date of filing.

1 Like

Jai Karan Nagwan (consultant)     29 December 2014

Gentlemen go physically and meet your wife and daughter, how strange, you are contacting through letter, media to your wife & daughter and never thought of going in person. Remember, what you heard may be wrong. Also Please look at flip Side and understand as to why it can not be presumed that you have deserted her. As per situation she has not deserted rather she went to her parents and it was your duty to bring her back. So Meet her, greet her and settle your triffle dispute amicably.
1 Like

T. Kalaiselvan, Advocate (Advocate)     29 December 2014

If all your efforts failed to invoke response from her and she chose to stay away from you, it is better you file a divorce case on the grounds of desertion, non-cohabitation and mental cruelty from Kolkota itself.  For further issues discuss with your lawyer.

1 Like

nnath   29 December 2014

Thank you Jai Karan Nagwan for your giving your moral suggestion. It is applicable for many for saving a marriage as initial steps. But I have tried my level best. It is not possible to summarize all background stories in few words. I am very straightforward. When graduate working woman has chosen a single mother's life-style in society, then a "Gentlemen's" duty is support her by giving her all freedom. Living together under some compromises is not a family. 

I liked T. Kalaiselven's advice. I'll discuss further details will my lawyer.

Thank you again everyone.

T. Kalaiselvan, Advocate (Advocate)     30 December 2014

You are welcome for your appreciations.


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