Hi, My marriage date is Dec 2014. My wife left my house on 5 feb 2015 never returned. She alleged lots of thing against me and then withdraw her petition unconditionally. Now she is not proceeding on divorce. I am filing fresh divorce petition under mental cruelty and desertion. Will I get divorce? I doubt that she is remarried. Is there any way I can find whether she is remarried?
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1. Why are you thinking that she has remarried?
2. You can engage a local detective agency to find out with evidence about her present marital status.
3. if she is found to be married, you can file a police complaint against her and her companion bringing the charge of bigamy with evidence for which they may be punished with jail term.
You have to prove allegations made in divorce petition to be entitled to divorce
2) your wife cannot cannot remarry during subsistence of earlier marriage
3) contact detective agency and gather evidence of her remarriage
Hi thanks for reply The allegations made by her were the legal notice by advocate. Subsequently she filed petition under hma 1955 sec 12 1 c for null and void with these allegations. In WS we denied all allegations. But she withdraw the case after 6 months unconditionally. Can I use her this petition as proof of her allegations. Desertion can also be the case?
1) you can file for divorce on grounds of desertion and mental cruelty
2)since your wife is not staying with you for 2 years case of desertion is made out
1. For filing divorce suit on the ground of desertion, you shall have to wait for two years after her desertion.
2. So, you can file the divorce suit on the ground pf cruelty and desertion now i.e.after completion of two years of her deserting you.
3. You can also use her petition with false allegation against you as evidence of her cruelty since leveling of false allegations also falls under the category of cruelty.
1. Yes, you can use her petition as instance of cruelty.
2.if the allegations made in your divorce petition is proved, you will get divorce for sure.
I am filing fresh divorce petition under mental cruelty and desertion.
Will I get divorce?
I doubt that she is remarried. Is there any way I can find whether she is remarried?
If you have filed divorce petition, then you should concentrate on the grounds you rely upon and gather substantial evidence for the reasons you depend upon.
You can put forth strong arguments in your favor.
For knowing whether she remarried you can tap the sources in her local or engage the services of a private detective who shall gather the details of her life and living etc.
Can I use her this petition as proof of her allegations.
Desertion can also be the case?
The certified copies of the annulment petition can be used as documentary evidence to prove your case including mental cruelty and desertion too.