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Author Topic: Legal advice required for NRI  (Read 418 times)

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Offline Arun350

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Legal advice required for NRI
« on: June 17, 2017, 03:55:24 AM »
I want to get divorce from my wife and hence in need of some legal advice for the same.
We are officially married for 3 years and 1 month now. Both are presently working, I am working in United Kingdom , she is working in USA. During marriage, she was studying   M.S. degree programme in Canada and I was working in Sweden and  10 days after the marriage, she went back to Canada for completion of her M.S. course. During our marriage my wife parents have told to my parents and  to me also,   that her  M.S.  thesis will finish in one month and when I talked with her, I got impression that her course will finish in 3 months, but she only managed to finish her M.S course only after  15 months of our marriage. And during this 15 months time period I also supported financially and in every other possible manner  for the completion of her M.S. course. After completion of her M.S. course, she came for residing with me in Sweden and we lived for 3.5 months together in Sweden. However we were not able to consummate our marriage due to medical reasons  and we decided that we will discuss this issue with the doctors in India as she didnít have medical access facilities  in Sweden due to lack of medical related insurance cover. After 3.5 months staying together in Sweden, I got job position in UK and we planned to move together to UK and we came to India for our application of UK Visas for both of us. During this one month duration of stay in India, my wife also got position in USA. However, when we met the doctor during our stay in India, doctor identified medical issues with my wife for non-consummation of marriage. However my wife parents came to our place leveled false allegations on me for non-consummation of marriage and took my wife to their place. After that I shifted to UK for my new position and tried to reason with her for not spoiling our marriage and reasoned with her to come to me in UK before joining for her new position in USA. But her parents send her to USA job position without my consent and also after my plea to her to sort out this issue by coming to UK and then go to USA. During the next 6 months after her joining,  I tried to make her understand that we should be living together to save our marriage but she deliberately send me twice the offer of mutual divorce for mentally harassing me during these 6 months to which both the occasions, I again reasoned  to not to wreck our marriage. But after this period of 6 months, she stopped even taking my messages & calls on Gmail, phone and Whatsapp.  Also, there was no effort on part of her parents to take any initiative to resolve this issue. So my parents tried to talk with my in-laws to sort out this issue but they keep delaying on this pretense that we will talk only when our daughter will come back to India from USA.  So now after another 9 months since we are living separately, my wife has now come to India and still my wife and her parents are not willing to initiate the dialogue process to resolve this  matter. During these last 9 months  I have told her  number of times through email that we should sort this issue when  we both should talk in presence of our families in India but  her parents are not coming forward or interested in any kind of dialog or not responding to my parents calls. So after living separately by being in 2 different countries for last 18 months , I am literally fed up with the  attitude of my wife and her parents towards our marital issue, that I want to initiate the divorce proceedings. 

1. On what legal basis  should I initiate divorce proceedings. Will it appropriate to send a cohabitation plea first  but we have medical problem associated with my wife and reason for unconsummated marriage  which my in-laws are not willing to accept.
2.Will it be appropriate to send cohabitation plea to proceed for next step of divorce. Or  Should I wait for another 6 months and file the divorce plea on the basis of desertion. I donít want to go for the contested divorce as it can prolong for long time but my wife parents are not willing to initiate any dialog. I am also  interested for divorce with mutual consent.  What are the legal options for me to start divorce proceedings?

Offline Navin.Hiremath

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Re: Legal advice required for NRI
« Reply #1 on: July 03, 2017, 02:31:22 AM »
Since your marriage is not consummated that itself is a ground for divorce. But we advice you to file a restitution of conjugal rights before going for divorce ( You will know if she wants to continue the marriage or not). Also mention the medical reasons in there why marriage wasn't consummated. Please do keep the medical records in regards to her medical problems. This is very much required in court.


« Last Edit: July 17, 2017, 06:35:49 PM by admin »

Offline SoumyaKundu16

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Re: Legal advice required for NRI
« Reply #2 on: July 17, 2017, 09:53:09 PM »
When both  parties agree, then mutual consent divorce can be initiated. You have to convince your wife to file petition for divorce by mutual consent jointly. Court will provide any date after 6-7 months from the date of initiation of Petition. This period is cooling of period, wether  there is any chance of reconciliation or not.Then in next date of hearing after consent of both parties, Court will grant decree of Divorce.

Offline SoumyaKundu16

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Re: Legal advice required for NRI
« Reply #3 on: July 18, 2017, 10:02:28 PM »
The recovery made some day after deputy, does not raise a presumption u/S 114(a)  Evidence Act, in respect of offence of dacoity.

 

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