Need divorce from Wife

Dear respected lawers

could please spare some time on my querry.I am really in need ..Thanks

 Talk to her to decide and settle the matter finally. Consult a local lawyer to proceed in the matter.

Thanks a lot  Adv Archana for your prompt reply .I am always in talk with her but  it seems that she is just [paasing the time.

Just wanted to let you know my apprehensions on this matter:-

 

Can i proceed for divorce on my own and given the case history and will it be easier for me to

get that on the grounds of cruelty (as she is already away from me since last 1 year and also has affair with another person ) or anything else.

Can i utilise her India stay in getting divorce even if doesn't agree for mutual consent..and get the things speed up..

Thanks

 

 If your case history show sufficient cause to proceed on the ground of cruelty, then do so.  Consult a good lawyer and talk to him in detail then he'll be able to guide you properly. For desertion it should be 2 years. If she is avoiding divorce, does she intend reconciliation? You can file for divorce unilaterally, if you have a ground as mentioned in s.13 HMA. 

Thanks a lot  Archana once again for you valuable suggestion.

To answer your question:- No she is not intend for reconciliation and i really don't want also that to happen now coz she breached my trust by being geeting into realtion with another man in USA.

Also last six months i have gone through enormous pressure .my mother gone through heart surgery .she never came back to see  her from USA and also now i have the responsibility of marriage of my sister which is scheduled in near future..

She never considered my family as her and now i really don't want her to come again.

I really have no idea about s.13 HMA....whether she should be here for that (as she willl leave india in another 20 days or so )

And how much troublesome it would be  to take divorce unilaterally in my case,coz i am really not in position to go for any mental harrasment.

Thanks in advance for you valuable suggestion

  I would suggest you to talk to her clearly.  If both of you do not intend reconciliation then there is no use of just passing time.  Instead of carrying a dead marriage on the shoulders,  it is better to get legally divorced peacefully by mutual consent without making filthy allegations against each other. It is better for her also. Both of you would be free to restart your life.  If you file for divorce unilaterally on the ground of cruelty or other, if she does not appear and contest dispite service of summons on her you may get an exparte decree but if  she contest it she may cause you trouble by making allegations on you and your family.

s.13 of the hindu marriage act enumerates grounds for divorce. You need to satisfy the requirement of at least one ground to obtain divorce. I again suggest you to talk to a good lawyer in detail so that he can provide you good solution as per the facts of your case.

sir after my marriage my wife stayed with me for 9 months and in that 9 months she used to go to her mothers place most of the time later i came to know that she has affair with another man in that same place.we never had a peaceful life too.when i was out of station she went to her mothers place without informing me.after one year eight months she has sent me a notice stating that i demanded dowry,harrased her and forcably did her absortion which non of them are true and in notice she stated that i should get her back home with me.i have not filed any case till date and i need a divorce from her.please help me out.what should i do.