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I need guidance now. (Harassed by Wife and her family)     21 January 2014

What is desertion? how long will it be held legal ?

What is desertion? how long will it be held legal for women who desert martimonial home? 



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 6 Replies

sandykrish (Interested in Family LAW)     21 January 2014

@ if you want to apply divorce based on the ground of desertion then it continuous 2 years and you have to prove that it is a wilful separation from the matrimonial home by your wife . If you only resort to desertion as a ground for applying divorce the you may not succeed, Indian legal system will help you drag the case for 5-7 years by the time you get the decree you will end up in the state of oldness.

 

If you have strong proof of mental cruelty in addition to the adulterous behaviour of the wife then I would recommend you to apply for divorce immediately but ensure you do it after 1 year of marriage.

By the way what made you ask these questions?

I need guidance now. (Harassed by Wife and her family)     21 January 2014

My wife and her family wants me to make seprate home and leave my parents and relatives. but before marriage we had cleared them about this matter and they agreed later they started to complain on my mom to me and about me to my parents. she left me after 1 month of marriage asking to make seperate home. and then went to my elders asking them to make seprate home, i dint agree and them they made mind to come back but still drama went on and we asked for councelling. we went to doctor for counceling. they advised her to not ask for seperate home. she said she will not ask for it and will change her behavior. all this took 4 months and she came home. initially she kept quit and slowly she started to ill treat my parents. they never spoke about it but i couldn't be quit and asked to stop things and be good to all. this matter she tok to different level and quarreled with me ending up with a slap to me and got angry and slapped her back. that was the last thing i ever expected from her. i said her many times not to slap me but she does it every time she gets angry. initially i kept quit but that day i gave back. she and her parents who were just waiting for a reason just deserted me and have not came back inspite of waiting for 2 months they have not responded and i have made my mind to end this problems. i hurd desersion is grounds of divorce and so asked the following question. am now 30 and i dont want to wait for 2 years to get her out of my life. they look very dangerous and there are facts which shows how they have behaved with their own relatives.  i dont know on what grounds i should file a divorce. any how we have no intension of any financial requirements from them. all i wanted is a happy family and keep my parents happy. we gave her chance to build a relation. a good life but she dont seem like having it nor intended to do so. if we ask she ssay she will be good and she wont do so. and there is a major issue for me with her parents involving in our personal life and misleading her. inspite of telling her not to listen to them which mean to end our relation she dint listen. i cant blame her as she may love her parents but their involvement should be limited rite.

anyhow i am not ready to risk my and my parents life in order to fulfill their intensions of septating from my parents and relatives. If you can guide me in fast relief from this issue it would be helpful.

 

thanks


(Guest)

Your story is similar to my story. You have two options:

1. Its OK if shez selfish. Court matters don't get settled within 1-2 yrs, it almost takes a life/ a decade to end a bad relationship. The best thing is to continue living with her in a separate house for the time being. Till your parents really require you/your wife support to take care of them, till that point I think its better to stay away from them. In the meanwhile, you will also build a family and she will also realize whats motherhood is all about. Your in-laws also they can play these cheap tricks for a while only, they cannot play these tricks all their life right.

2. Just don't respond to them. Waste some time and ignore them. Its time consuming but they will come to you. Make sure you dont get into criminal cases. Take precautions for the same. Consult a good lawyer. Good luck

I need guidance now. (Harassed by Wife and her family)     21 January 2014

Thanks For the advice.

I agree with you but in the same time my parents need me now. dad is retired teacher and mom is also a teacher will be retiring after some years but she is physically challenged as she had broken her left leg and been operated for same. even my parents said me to go out make seprate home and they wish me to be happy and not worry of them. but am sorry sir i am not willing to leave my parents and also i have to help them in my sisters marriage as they have spent their savings on my marriage. as a son knowing their condition i cant take this step.

Over all they (my inlaws) have played tricks to seprate me from my home means on what grounds  i can go out. they can play more tricks in future and keep me my next gen away from my parents and relatives. when i see my parents who are at onside being silent on her act and seeing her being so cruel on her behaviour my heart says better to forget her and take care of my family. i never knew marriage has somuch of complication or else i would have rejected her during my engagement only. its my mistake which has led me to this condition. no wonder why people hang after marriage.

i would take your second advice as of now. but i need a permanent solution. an why should court take years for divorce. hardly we have few years in our life and why should law waste time? we do have rights to live life peacefully. cant i get divorce for living peacefully. why is law one sided. i hear people telling law supports girls. all i ask is relief. thats it. :)


(Guest)

Brother, then welcome to the world of litigation. You seem to be an emotional guy. But legal issues work at snail's pace, that's how it is. Deal with it or perish, there is no other option. Try to get a job abroad and leave the emotional side of yours and start thinking smartly/practically. Make sure legally she can not screw you up. Transfer all your assets to your mother and keep all the debts on your name. You need to be very very strong mentally. Your sister's marriage also will be in trouble because of this. So think all the pro's and con's and then with a cool head, take a decision and stick to it.

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I need guidance now. (Harassed by Wife and her family)     21 January 2014

Ya coming to this forum i have read many issues and all are on th dge of running away from each other on some or the other reason. and it looks like law is the barrier for this.and everyone are using it to screw their lives and i see my wife is also one of them. i really feel bad for my self. thanks for the advice. 

thanks


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