To: Sufferer,
Frankly speaking I want to get rid of my bitter half. From the begining of my married life my wife made hell like situations to me and to my parents. We are very soft people, that is why we never thought of filing for RCR/Divorce. Innocense also suicidal. Same thing is true in my case.
Opinion: From very begining you wanted to get rid off your bitter half then,why you have made her pregnant?
Here no Innocence or suicidal. If you were tensed from her and not satisfied with your marriage then at initial stage of marriage you would have gone for legal remedies. You have missed the peace for your self.
4 years ago my wife went to her mom's house for delivery from then she never returned back. I have tried to get back her, through my family elders and local leaders. But she never responded to any of my efforts.
Opinion: You can only try but can't force her. Let her to be happy at her own will. Don't run like an aimless husband behind a ruthless wife.
Finally I decided to give some time to her so that she can change her mind and join me.
Opinion: The whole life you can give chance and even whole life she can sit at her own parents house.But this is not story written to be a successful married life..
couple of months back, she joined me and inquired about my employer and pay-perks, she was with me for a month, later she left my house after few days she filed 498A and Maintenance cases.
Opinion: She came to you like Snowden to sneak all the inteligence of your income. Once she endorsed with it she openly leaked with the help of 498a and maintenance cases.But here unlike america you can't extradite her...lolz
My doubts:
1. Is it possible to file for divorce in this situation? If yes, on what grounds I can file? If no, when would be the right situation for filing for divorce?
Opinion: There is no time limit to file any cases by either of spouses. If she can file 498a, Maintenance and even afterwards can file DVA 2005, 506, 406, 35 etc. So, it's better to file Divorce case on the ground of desertion and mental cruelity.
Reasoning: Any how you have to give maintenance to her then why not use this maintenance as interim your divorce till it is not granted. You will also be free she will also shut her mouth.
2. I mean is it possible to show that she is away from me wilfully for 4 years? based on this is it possible to file for divorce?
Opinion: In family disputes there are no forensic test for desertion. It can be prooved by the denial & acceptance of either party at cross examination stage.Based on the several facts and evidences related to happy married life leads to derrive wether you have been deserted by her or she has been deserted by you.
One more thing, Even after she is away from me, she has quoted some psuedo house no. in the FIR and stated that we were lived in that house from the past 4 years. I used to visit her mom's house to see my baby, whenever I visit they used to take photograph of mine with my baby. Is there any possibility from their side to show these as proof of staying together? If Yes, then how to defend this?
Opinion: If she has mentioned wrong marital home address,then take out the copy of FIR, Sort the address practicaly and take the testimonial of that house owner where you have been framed by her to occupy in that house.
Once you got all her proof against her go for quash. As the very begining she has framed you by her worng statements. The poor girl-----"your wife"
Don't worry you are on the verge of getting hundred percent divorce.Just file divorce right now after collecting all proofs,what I have stated above.
3. In the FIR my wife has mentioned that I don't like my kid (baby girl) and I'm thinking for second marriage. If I file for divorce do the court agree upon the above statements made by her?
Opinion: Same as above------First file divorce think later.according to your statements you have so many grounds to seek divorce.Don't worry.
Regards,
Maddy
