Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnata... Read More
Divorce From Wife On The Grounds Of Desertion And Advice From Lawyer
My name is Arvind and I am a resident of Pune and my wife is from Vasai near Mumbai. I got married on 1st May 2016. I have not taken a single rupee from my in-laws during my wedding. I and my wife, are engineers. My wife used to work before marriage but she stopped after marriage. After marriage, she used to stay very quiet and alone. Initially, we ignored considering the new marriage and a new place but later, when we questioned her she started to fight with us. She used to do no household work. When we questioned her parents, they used to give lame responses. After 2 months of a small fight, she called her parents and went to her home. We were very afraid of her behavior so when she wanted to return back home after a month, we asked then to give us in writing, which they did. Again after one month, she started the same behavior and used to fight a lot. Finally, after 9 months she left our house in Jan'17 and since then she is staying with her parents for the past 2.5 years. When we try to contact them they don't respond to us. We also tried going through many mediators but nothing helped. I understand from one of the local lawyers that I can file divorce giving desertion as a reason. But he also tells me that you may have to fight 3-4 different cases like 498a, DV, 125 CrPC, etc. Hence, I am afraid and not able to decide whether I should file the divorce petition or not. Can you suggest if I should go this route? I am also not able to zero in on a proper lawyer as I am not sure how do I choose one. Can you suggest someone in Pune? Do I have to pay interim maintenance/alimony even if she is well educated? I am not sure if she is working now.
You may file a case under section 9 of Hindu Marriage Act, 1956 for restitution of your conjugal rights.
Answered on 08 Sep 2019
It is suggested that you directly go for divorce, and if your wife file petition for interim maintenance, then you have good ground that she is well educated and she was doing job prior to marriage and since she is not living in the matrimonial home from last 2 years, she cannot file the dowry harassment or other such cases.
Answered on 10 Sep 2019
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