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Author Topic: Wife left 5yrs back - how to get divorce  (Read 863 times)

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Offline Deepakhigh99

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Wife left 5yrs back - how to get divorce
« on: January 14, 2018, 01:01:08 PM »
My wife left me in June 2013 with 2year boy.
She never return back. I tried few mediation attempts but all failed. Her behaviour is not acceptable and liveable. Now, after almost 5years. I don’t see any hope. Moreover, kid also don’t know about his father because she never let me meet him.
Now I really want to get out of the relation.
My concerns are:
1)   After 5 year can she file false cases like dowry and 498A?
2)   How much time divorce can take? Since 5yrs are already passed.
3)   Can she fiercely enter into my home?
4)   Is there any way to get the divorce ?


Offline advswagata

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Re: Wife left 5yrs back - how to get divorce
« Reply #1 on: January 14, 2018, 07:03:28 PM »
She can file anything she wishes to. Does not matter, there is a judge to decide and a lawyer to defend you.

Don't  Panic!

You should meet your wife and discuss with her for mutual divorce.

Who knows she may agree.

Offline advjaibansal

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Re: Wife left 5yrs back - how to get divorce
« Reply #2 on: January 15, 2018, 07:30:17 PM »
1)   After 5 year can she file false cases like dowry and 498A?
- if she wish to file dowry case then she has to explain the delay in filing the case after 5 years of separation.

2)   How much time divorce can take? Since 5yrs are already passed.
- it may take 2 to 3 years if filed on the grounds of cruelty and desertion by you against the wife.

3)   Can she fiercely enter into my home?
- yes she can as its her matrimonial home and you have not filed for any divorce or other case.

4)   Is there any way to get the divorce ?
- you may file for divorce on the grounds of cruelty and desertion.

regards.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Deepakhigh99

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Re: Wife left 5yrs back - how to get divorce
« Reply #3 on: January 28, 2018, 09:13:55 AM »
Thanks advswagata & jai bansal

How to find good lawyer and should i pay one time.

One lawyer asked for 70,000 per case so if there is other case like maintenance etc he will again charge.

Please suggest how move ahead with it
« Last Edit: January 28, 2018, 09:15:28 AM by Deepakhigh99 »

Offline advjaibansal

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Re: Wife left 5yrs back - how to get divorce
« Reply #4 on: January 28, 2018, 04:12:07 PM »
Dear Sir,

Every lawyer has its own fee schedule. You may try and find some lawyer in your budget. Each case has different fees.

Regards.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Wife left 5yrs back - how to get divorce
« Reply #5 on: February 02, 2018, 08:06:05 AM »
Dear Sir

Marriage subsists till it is legally annulled by Court of Law. Hence, it is better to file a Divorce case and it will be decreed Ex- Parte within 2 - 3 months.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline advdesai

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Re: Wife left 5yrs back - how to get divorce
« Reply #6 on: February 25, 2018, 06:26:26 AM »
Dear Respected kalaskarkk,
which family court in India gives ex parte decree in 2-3 months?

i want to practice in that court.
Advocate Desai Knows the Law

Offline tirtha8586

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Re: Wife left 5yrs back - how to get divorce
« Reply #7 on: March 28, 2018, 11:16:36 AM »
Go for a lawyer which is in your budget. The case is not that tough.

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Re: Wife left 5yrs back - how to get divorce
« Reply #7 on: March 28, 2018, 11:16:36 AM »

 

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