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Legal service India => Divorce Laws => Topic started by: poonacha on March 17, 2015, 11:05:12 AM

Title: NEED DIVORCE- separated from wife for 6 years
Post by: poonacha on March 17, 2015, 11:05:12 AM
Dear sir/madam.

i got married on march 3 2009, my wife stayed with me for less than 5 months , due to some misunderstanding and fight between us, she left to her mother's house and she never came back , i waited for 1 year , then i sent her a notice for divorce , later they applied in some private organization for mutual session, they sent me a notice and i appeared before them, but my wife and her parents were not present that day, i had to go back and they said they will call us for another session , later in between she and her mom , came and withdrew the notice saying that , they will not be able to come often as her daughter was studying, when i went to the organization they said they have withdrawn the notice you can apply for divorce , but my lawyer was harassing me for money saying different stories, that i have to pay a lot (my girl and her parents),they have given a complaint in station your parents may get in trouble and he had asked me for 20k , then after that i never went to him, now its almost seven years , she's not in contact nor i don't know where she stays , even my parents are very much worried about this, i have heard from my relatives, that she used to say that she will not get married and she will not even let me get married to other girl too, the main problem is she listen to her mother and her aunts , she has harassed me a lot , even she aborted without my knowledge ... i want you to kindly look into this situation and help me  to come out of this .
Title: Re: NEED DIVORCE- separated from wife for 6 years
Post by: advswagata on March 17, 2015, 08:56:29 PM
If you want divorce file for divorce on grounds if cruelty and desertion, if they do not appear in court, then in due course of time you will get ex-parte divorce
Title: Re: NEED DIVORCE- separated from wife for 6 years
Post by: saravanan.s on March 18, 2015, 12:04:13 AM
if you dont know where she is you can consider filing divorce on this ground too under sec 13(vi) hma
has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 19 [***] 20 [ Explanation. —In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.]