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Vidyadhar1 (clerk)     06 February 2011

Need clarity on Desertion and Divorce

Hello All,

I am going to complete 2 years of desertion (wife left my house) very soon. Is it true that 'Desertion' (living separately for more than 2 years)  case is stronger in court than the normal divorce which can be filed after 1 year of marriage.

I will be filing the divorce case soon in court and need some clarification on couple of things :

1: Can my wife file for dowry case when she receives the notice from court about me filing for divorce.

2: Will the police come and arrest my family (if she takes all our names) in the dowry case which is not true.

3: How much of strong evidence is telephone recording(with the wife being informed on the call that her voice is being recorded) where she admitted death threat given by her family to me and also accepted that we did not ask for divorce.

4: How much time a typical 'Desertion' dowry case normally take.

5: We dont have kids and my is working. Can she still claim alimony? How can i prove to court that she is working( companies do not give out pay slips to others so i cannot prove that she is working) and is a passed graduate. 

6: Can i take anticipatory bail for all my family as i do not want any one to get arrested if she files divorce case

Answers to all these questions will help me come out of my day to day fear. And I would pray to god to bless all the kind people who take their time out and answer my questions.

Thanks in advance.



Learning

 4 Replies


(Guest)

Your wife can claim dowry case. But many things matter.  Even if your wife is working & a graduate still she can claim maintenance, but court will see & decide , living standard, income etc depends for deciding maintenance.

Once your wife left you, till then have you ever tried for counselling etc so that she can come back to you , if not then its a bit dicy , i mean she can file dowry case .

Vidyadhar1 (clerk)     07 February 2011

We tried counselling through our elders for compromise (which did not work out) but not through a professional or government appointed person.


(Guest)

Well if you really want divorce then you need to file for it, and will have tolerate the pros & cons.

Else you can give it a try .

Vidyadhar1 (clerk)     16 February 2011

Hello All,

 

Kindly help me. please reply to my questions and help a man who is suffering.


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