Nandha (NIL) 04 January 2013

Is it right time to proceed?

Dear Ld. Experts,

After wife left with kid 7 months ago, husband tried to bring her back through common relatives. But wife & her family members did not come forward for talks. Husband sent two letters (regd post) and money orders but came back as 'Refused'. Later husband sent another regd post which was accepted by wife wherein husband had mentioned to set aside the differences, if any and return home for the sake of kid. But no response from wife side. Again, husband sent another letter, which was now refused by wife.

Now, husband feels now it's time to stop running behind his unwilling wife and wanted to start legal proceedings. The queries are:

1) Can the husband file a divorce case even without serving a legal notice to his wife? pros and cons, if any?

2) Will the letters sent by husband be supportive in his divorce proceedings? if so, how?

Thanks

Nanda

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5 Replies

Never Give Up (Fighter) 04 January 2013

There may be some reason which you might be knowing citing which your lovely is not willing to return..probably after going through the reason further advise can be given.

Nandha (NIL) 04 January 2013

@never give up:

No valid reasons, except silly quarrel started by her, and her intention of extracting money from us. If at all she had reasons, she could have told our relatives who had approached her and her family. But, she made false allegations against me and the way she behaved hinted that she is only interested in my money and property.

Now, let me know whether these letters would help in divorce proceedings and in what way?

thanks,

Tajobsindia (Senior Partner ) 04 January 2013

1. Letters will only help if mental cruelties are taken as cause of action as supporting evidence from your side on efforts made by you before raising 'cause of action'. Beyond that there are as such no pros. and cons. as desired to know by you for these letters is my view.

But in given situation it is always better to test the theory by approaching District Court Alternate Dispute Resolution center and describing the brief with them and requesting for family dispute resolution without instituting full fleged Trial and from there a notice is sent to her to join pre-litigation proceedings and that is where without spending on litigations you can test the waters and then act on next step as the matter is not very old where one needs to opt for raising cause of action in a Trail Court and may face some counter blast from her side (if any).

Rest you are grown up person you may read your mind.

Nandha (NIL) 04 January 2013

@tajobs - thanks for your advise. I was thinking to approach the mediation center and you too advised the same.

once again thanks

nanda

Chetan Joshi (Advisory/Advocacy) 05 January 2013

Letters will surely go in your favor is you take up cruelty as a ground for Divorce. There has to be some reason behind the unwillingness..

But I would suggest you to have a conversation may be use mediation cell, if it is disputed then you can always file divorce on the available grounds else MCD is always better....

Regards

Chetan(dot)7679(at)gmail.com

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