Regarding Divorce

Move the court on the ground of "desertion" for a decree of divorce through a local prudent lawyer.

Do not go for divorce directly first file a case for restituion of conjugal rights.Then see.She will file a case for consent divorce which is easier to you.

Yes,you may file divorce petition on ground of " desertion ".

if you want we can file suit and get divorce

V E Manoj Kumar
High Court Advocate
Cell No 8686159292

you can directly file Original Petition before the Principal Family Court 'grounds of Desertion' husband and wife more than two separate living they're entitled to file aforesaid Petition
A.Eswararao Advocate
ph:9962228856

Dear experts kindly guide me about police complaint of an alleged wife who stayed less than 15days in my residence, after that complained that I drove out from my residence with demanding money.
After that police told to give the keys of my residence but that was not in my name, so I denied to give the keys of that residence.after some hours the IIC came and threatened to me and forcefully told to take that girl which I am not drove out nor demanded any money.how can I take her ?
After hours of threatening to me at last they told give the undertaking in writing that if in this case to cooperate police and also phone number.i did so .and the IIC told will call the family members and also to enquireneighbourrs.thats all.but till now more than 4months have passed no enquiry no investigation no phone calls.Now my question is WHAT IS THAT CASE STATUS/CASE REGISTERED/CASE DIARY.. that alleged wife have taken a receive copy of her fake allegation and messaged me to provide/Helpful this copy in DIVORCE CASE
Now I want to give divorce case and wirhher station DIARY copy can she prove herself in court that she also registered the case.MY question is if she had given complaint to police more than 4months why police have not sent that to police court. Kindly guide me Experts.
@ She married 2nd time to me concealed the facts about her 1st marriage and after 7years they divorced.After that she married about 9years ago and stayed at her father's house ,in this period 1girl child also she gave birth to at her hometown and stayed also her father's home and repeated requests she did not come.and after 4years I filed divorce PETITION she then files u/s 9,u/s 24, u/s croc 125.
Rcr 9 failed.Maintenance u/s 24 awarded to her after 4 years but due to telephonic calls she agreed to stay with me .at last after 8years 5months 19 days she came to my residence leaving child with her.and after 12 days her father came with a vehicle and took away her saying I am feeling iloney n my house .and she with her father gave police complaints again

Dear experts kindly guide me about police complaint of an alleged wife who stayed less than 15days in my residence, after that complained that I drove out from my residence with demanding money. After that police told to give the keys of my residence but that was not in my name, so I denied to give the keys of that residence.after some hours the IIC came and threatened to me and forcefully told to take that girl which I am not drove out nor demanded any money.how can I take her ? After hours of threatening to me at last they told give the undertaking in writing that if in this case to cooperate police and also phone number.i did so .and the IIC told will call the family members and also to enquire neighbourrs.thats all.but till now more than 5years have passed no enquiry no investigation no phone calls.Now my question. that alleged wife have taken a receive copy of her fake allegation and messaged me to provide/Helpful this copy in DIVORCE CASE Now I want to give divorce case and with her station DIARY copy can she prove herself in court that she also registered the case.MY question is if she had given complaint to police more than 4months why police have not sent that to police court. Kindly guide me Experts. @ She married 2nd time to me concealed the facts about her 1st marriage and after 7years they divorced.After that she married about 14 years ago and stayed at her father's house ,in this period 1girl child also she gave birth to her father's home and repeated requests she did not come.and after 4years I filed divorce PETITION she then files u/s 9,u/s 24, u/s croc 125. Rcr 9 failed.Maintenance u/s 24 awarded to her after 4 years but due to telephonic calls she agreed to stay with me .at last after 9years she came to my residence leaving child with her.and after 12 days her father came with a vehicle and took away her saying I am feeling loney in my house .and she with her father gave police complaints against me .now it almost 5years have passed Now I want to give divorce PETITION. Can u suggest me which Will be Better.

No time or energy to go through and oblige.

Consult and engage a local prudent lawyer for professional advise and necessary proceeding.

meet a lawyer with relavant papers.

You have narrated a long story though it was repetitive, the solution for you is that you have to challenge her false cases properly in the court during trial proceedings and get them dismissed.

You can continue with your divorce case which is pending before court.

This divorce case will help you to get a proper solution for other cases if fought properly

Hi Kailash, I'm Niharika, a practising Advocate. I've read your query and here is my take on it. I hope it will be of use.

 

The Hindu Marriage Act, 2005 u/s.13 lays down grounds for Divorce. In your case, your spouse has deserted you/your matrimonial home for a period of 5 years. U/13 1 (ib), a spouse deserting the other spouse for a period of 2 years or more, makes it a ground for Divorce. Therefore, you can definitely go ahead and take desertion as a ground for divorce.

 

Additionally, you can also take the help of sec.13 1 (ia) which is cruelty as a ground for Divorce. As mentioned by you, your spouse deserted you, which implies that you had been estranged from their society and other matrimonial duties and obligations remained unfulfilled, which in law is cruelty. Cruelty doesn’t always necessarily has to be physical, it also covers the ambit of mental agony and harassment under its shade as mental cruelty.

So you can take either or both the above mentioned grounds as valid grounds for seeking Divorce.

 

In the case, you and your spouse amicably resolve the conflict then you both can also seek Divorce on Mutual consent under sec. 13 B of the same act.

 

I hope this information yields fruitful to you and in case you require further guidance, you can contact me via email at niharikalohan@yahoo.com