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Vidyadhar1 (clerk)     06 October 2010

Kindly explain divorce by Desertion.

I am about to complete the two years required to file a desertion case against my wife. I would appreciate if you answer my questions mentioned below :

1: What are all the possible ways of my wife trying to prevent me from getting a divorce.

2: She is working, but can she still apply for maintenance by falsely saying that she is not working. How much would be the maintenance amount that has to be given to her if the court asks me to give it to her(i earn 20,000 per month).

3: I accidentally spoke to my wife thinking that the call was not from her on 2-3 occassions(calls did not last for more than 2-3 minutes). Will this come in my way while filing for divorce on desertion basis.(talking on phone can be considered as maintaining relation with her?)

4 : After I get a divorce, is there any mandatory period that I need to wait before i can get married again.

5: Will the police give prior notice before going for an arrest in 498 case. How can I save myself and my family from being arrested if she files a false 498 against us.

Your answers are worth their weight in gold. These questions were troubling me for a lot of time, clear guidance will help me a lot.

Thanks,

Vidyadhar.



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 October 2010

She cannot prevent you from getting divorce, but divorce will be deciced by the court, if petition is filed.

If she is working she cannot claim maintenance, but burden lies on you to prove that she is working.

No. phone calls does not amounts to maintaining relation.

After getting the divorce till the appeal period is over you have to wait.

No notice will be given by the police in 498A case, it is non bailable case.


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