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Author Topic: Law of desertion  (Read 1938 times)

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Offline Manibe2k5

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Law of desertion
« on: June 30, 2015, 06:51:38 AM »
Dear Lawyers

Am an NRI working in UAE my wife left to India to her parents place a few months back for our sons treatment(speech therapy), now coz it may take a year or so for the treatment now my wife and her parents told me to resign my job and come back to India and stay with them getting another job there, but I told once my kid gets well I will take them back here(they have 2 yrs visa remaining). The argument went on and now my wife is very much angry on me. Now she is threatening me that she will file a case of desertion and will make me come back to India and block my passport...

To be honest my marriage life is not smooth, my wife is not loving & affectionate from day 1, even tough it was harder I never wanted to desert her coz I love my son. Even now am sending them enough money more than their needs. But I don't want lose my career for a tough and fighting life ahead with her in india.

Am not sure about this law of desertion can my wife make me lose my job and bring me back to India legally?...please help

Offline saravanan.s

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Re: Law of desertion
« Reply #1 on: June 30, 2015, 11:44:18 AM »
divorce on the grounds of desertion can be filed only if it is wilful desertion for two continuos years.if she files it the burden of proof would be on her.even if she filesa case in india and if you dont appear for the trial the case would proceed exparte and she would be granted divorce.as long as you dont come to india even if she files crininal case on you it wont affect you by any means

Offline Manibe2k5

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Re: Law of desertion
« Reply #2 on: June 30, 2015, 09:28:11 PM »
Thank you Mr.Saravanan.

Seems like her parents also supporting her thoughts.

Under what reason she have the possibility to file a criminal case on me?.... like to confess there is no dowry involved in my marriage neither i have demanded anything from her parents until now.....only some gifts like home furniture's that too they bought in their own will.

Also i need to confess some things honesty, during our earlier years of marriage when i was so disappointed about my marriage life and in a frustration I started talking to my ex-girlfriend(to whom my marraige got cancelled before due to some reasons) through emails(only emails no physical relationship) which turned into a big issue when my wife got to know, she hacked my emails and got some of our conversations as proofs and some pics(with my ex) which i have taken before one year of my marriage.

A meeting happened between our parents when the issue came out and I apologized to my wife and her parents and promised that i will not do it again and I like to live with my wife only(especially coz of my son 3months old), as per my promise am clean until today never thought of cheating my wife again.

So this is the major reason on which my wife and their parents are angry on me till now and which makes them to think that they always want to take revenge on me.

Now my wife at present conversations trying to bring these old issue(she always used to do this), she is threatening me now  that she has these solid proofs against me to file a case on me.

Will these past proofs(in the year 2012) can be used to file a criminal case on me? will our law punish a person who has already learned his mistake and trying to live as a good husband?

Offline saravanan.s

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Re: Law of desertion
« Reply #3 on: July 01, 2015, 11:41:36 PM »
with those proofs she will file case on the grounds of adultery and desertion (if continous for 2 years) +498a,406,506,dp,dv etc

Offline Manibe2k5

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Re: Law of desertion
« Reply #4 on: July 02, 2015, 03:09:34 AM »
Thank you once again

Most of the section you mentioned seems to deal with dowry harassment, OK i understand even tough I didn't make any harassment, with the proofs they may file a false case against me.

And Am sure the adultery is not for 2 continuous years from approx MAY 2011 till DEC 2012 max time.whether they can file case even if it is less than 2 Yrs ?

In this case should i avoid traveling to India  to see my dad and my son ? Is there any precaution like anticipated bail or something there that i can do?

I don't want to get banned from traveling back to my work country.

Offline saravanan.s

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Re: Law of desertion
« Reply #5 on: July 16, 2015, 09:20:15 AM »
And Am sure the adultery is not for 2 continuous years from approx MAY 2011 till DEC 2012 max time.whether they can file case even if it is less than 2 Yrs
no sir thats meant for desertion and not adultery
yes you can apply for ab.discuss with a lawyer regarding that
and another thing is if adultery happened during the year you mentioned and since then if your wife had cohabitated with you and subsequently any child born then it is deemed to be condoned by your wife

 

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