Prakash Bakliwal (Manager) 20 February 2016

On what ground divorce can be filed by husband

Sir,

One of my friend working in India, He was married in India in the month of April 2013 as per the Hindu marriage act. That girl lived with him just for two months and left the matrimonial home giving the excuse that she wants to complete her studies at her parent's home. The husband tried to make her understand that he will provide all the facilities, freedom to study and financial support for any coaching if needed. But the girl didn't listen to him and went to her parent's home. Since then she didn't return back. In the mean time boy and the boy side relatives approached her parent's and the girl to return to live with the boy / matrimonial home, but she did not come back to live with the boy. Here, it is to be mentioned that the boy is working and living alone in the different state and city, not in the joint family.

Now, the boy is not ready to live with her. but problem is this that how to file the divorce case and under what clause? The boy side is also afraid of IPC 498A.

So far she did not file for any case dowry or otherwise.

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7 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 20 February 2016

An effective divorce case is very much maintainable as per the facts that have been described in the present query . Also since there has been a considerable delay in the entire matter already , 498a and domestic violence as it is are not something to be perturbed about . Find a good lawyer and file a divorce case . Move ahead without worry

Partha Chatterjee (service) 20 February 2016

First try to send ligal notice/letter with the help of any advocate to bring her back home.

Vijay Raj Mahajan (Advocate) 21 February 2016

This is a simple case for divorce on the ground of cruelty and desertion for more than two years by the wife that should be filed by the husband without any further delay, no notice to wife required to be given in the matter.

As far false complaint under section 498A IPC etc. is concerned that can be avoided by the deserted husband by making a report to his local police against the wife for leaving his matrimonial home without his permission in the year 2013 and just for the sake of deserted him and no dowry demand made anytime during all these years from her side not any cruelty committed on her during all these years. This report to Police can be got dairy stamped and kept for future reference.

Born Fighter (xxx) 21 February 2016

Follow advise of Advocates Augustine & Vijay Raj, dont waste time !

Mukesh sharma (job ) 18 April 2016

i agree with vijay raj sir you file case \

(Guest)

First and foremost try to negotiate a mutual consent divorce.

Once the situation turns adversarial it goes downhill very quickly. Lawyers will invariably advise her to file false 498A/DV. These provisions don't have any teeth left, but you both will lose many years in the blood-sucking and soul-destroying time warp called Indian Judiciary.

Pay for a marriage counsellor who will create a safe space for dialogue between you both and help arrive at a win-win solution. It will be healthier, quicker and cheaper than going to court.

Prakash Bakliwal (Manager) 19 April 2016

Thanks sir, we are consulting the lawyer and preparing the case papers. All of your valuable advice has given us courage and helped us in removing the confusion. Thanks.