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Author Topic: Divorce filing after 5 years wife desertion  (Read 378 times)

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Offline aatmeeya

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Divorce filing after 5 years wife desertion
« on: September 01, 2018, 01:46:10 PM »
I am going through situation where my wife is having Paronia (suspicious) problems. She wont perform her day to day duties perfect at home. We dont have kids. She left from my home and started staying at her parents home since Aug 13 2013. After consulting elders, we brought her back to my house on 22 Dec 2014. After coming her she did not change at all, again she left our house on 22 Mar 2015.

Since then she did not come back. After so much of discussions with middle men, on 9 Dec 2016 they agreed to sign for mutual divorce with 10 laks alimony and she signed on vakalath papers in front of advocate. After very next day my wife came and stated that I need sometime to think and I need to talk to husband. I spoke to her, now she wanted to join me. She doent want to go with divorce at all.

There are couple of years passed, we again tried to connect her father for next steps, they are on same stand to join me. I am firm that I dont want to continue that relation.

Since around 5 years of desertion (between she was with me for 3 months) I would like to file divorce case with no allegations stating in it, except requesting divorce and I am ready to pay alimony.

In this scenario what are rights she will have, what kind of problems I would go through.

1) DV act possible in this case ?
2) 483A will be applicable in this situation
3) If they go with RCR(Restitution for conjugal rights) , which section will made me push back the case and stand on divorce
4)  How about HMA 24 and CrPC 125 for maintenance. She is MCA graduate, but she wont work, except she sits home. Even after she is MCA graduate how much she could demand ? Is there any specific law (percentage of husbands salary) to give as maintenance. For example if I draw monthly take home 50 thousand rupees, how much in general court will order?
5) Is there any specific act / situation where she would attach my parents, sister and others too ?

Please help with advise.

Offline advjaibansal

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Re: Divorce filing after 5 years wife desertion
« Reply #1 on: September 19, 2018, 06:51:41 AM »
Dear Sir,

Even after all these years of separation, wife can file all the cases and you will have all the defence for filing delayed cases. However, if you wish to file for divorce and take divorce then file it rather than fearing from the cases that wife may file in future.

Certainly if you file divorce, then she will file for maintenance etc.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline Deepak Joshi

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Re: Divorce filing after 5 years wife desertion
« Reply #2 on: September 30, 2018, 02:14:32 AM »
Dear querist,

You have strong ground for divorce, if you think no reconciliation is possible between you guys file divorce case at competent court.

You cannot stop any one from filling case and cannot wait for years in fear that she will file case if you file divorce.

In anticipation nothing much can be done, when she will file cases then strategy will be made accordingly.

Deepak Joshi & Associates
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