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Sastry (Buisness man)     01 August 2014

Problems in second marriage

Hi All,

I got divorced from my first wife in 2011 and got married again in 2012 Even after my second marriage my doldrums were not ended. I got married to a divorced girl. From the first day of the marriage, problems started, We are not compatible with each other.

We didn't interact much before our second marriage and hence there was very little understanding. My second wife absconded suddenly after one month of our marriage and for 18-20 days, I didn't know her where about. When we called up her parents they said that they too don't know where she is. Finally after 20 days, her father informed us that she came to their home (her parents’ home)

 After 6 months ( in October 2012 ) after this absconding has happened she returned to my home. And even after coming back, her behavior was not all all good. She didn't co-operate with me in any of the family matters and also she has too much of frigid mentality. She is very un-talkative and also she is very un-cooperative for s*xual life. We had some quarrels after she coming back because of her behavior and suddenly one day she absconded again. It is almost now 2 years that she left ( she absconded from my home again in November 2012 )

I am thinking to file divorce in the court on the grounds of desertion and cruelty but since this is second time, I am bit skeptical about it. Since my wife and me are continuously staying separately for almost 2 years now, can I get divorce based on desertion clause, if I file my divorce case after 2 years of continuous separation. Also she didn't fulfill even the bare minimum responsibilities of a wife during her short stay with me .Can I file divorce based on these grounds and will there be any negative impact in court since I am seeking divorce for the second time?

Please suggest what I should do in these circumstances?



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 4 Replies

Laxmi Kant Joshi (Advocate )     01 August 2014

When she absconded from your house had you made any police complaint regarding her absconding or other , have you any proof of her absconding with you and also her desertion form 2 years if not then collect the proof of her cruelty and desertion , you can file divorce on second time in the court on the ground of cruelty and desertion u/s 13(1)(i-a) (i-b) of HMA , it doesn't reflects any negative impact on your character .

Sastry (Buisness man)     01 August 2014

Hello Sir,

I didn't lodge any Police complaint when she absconded  for 20 days and also during that time her mobile was switched off. That was the biggest mistake I did.  We don't know where she is for those 20 days. Later she returned to her parents house and for 6 months she stayed at her parents house and came back to my home. And again in NOV 2012 she absconded and though the second time she informed that she went to her parents house.. it is more than 1.5 years now and she is still staying in her brothers house.   

My question is - How can we collect proof for this desertion and also abbsocnding for 20 days whithout even informing where abouts and how can we prove that she is not wiling for conjugal life also during her stay with me?

Thanks a lot for your time and help regarding this!

Shantanu Wavhal (Worker)     01 August 2014

forget about this 1st ... 2nd thing


the current marriage is no different from the first one.

T. Kalaiselvan, Advocate (Advocate)     03 August 2014

You can very well file a divorce case against your this wife on the grounds of desertion, non-cohabitation and cruelty.  From the contents of your query, all these ingredients attract.  Consult a local lawyer and proceed as per his further advise.


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