• Need a Divorse

I am Maaried in 2003.I am working as teacher in aided school .My Wife is working in govt school which is located 80 kms form my leaving place.She leaved with me only 6 monthsthat is also she not at all stayed there with me continuosly but she use to visit my house every 15 days once .totally we met 12 times together in that six month.
After that she leaved with her parents nearly 6 months in her working place.Few days after she came to my house with her elders .after compromising again she stayed two months with me just like above(15 days once visit).She falsley  complained to her parents about me and my parents that we are insisting her to bring her salary . and again she stoped comming to my home and stayed away from me for nearly one year.Again elders came and compromised and stayed with me for two months just like above.and again she left me and stayed away for three years.after that she filed complaint against me and my parents in Family councing centre with False complaints.and and then she Filed a FIR of Dowry case/Domestic violence case and 408 police complaint.She threated me and parents and my married sister who is staying with her husband away from us to stretch us to court and to arrest.Fearing to her threat i left aged and deased parents alone and made sperate house to leave with her.we stayed there nearly three years(Again her visit was 15 days once)I am the only son to my parents.During this time we got a male child.Now he is of 3 years.Again she left me for two years for silly complaints.
Ours is well cultured family.she is trying to ruin us.we don't know what is her intention ? and why she is Doing so ?

I am suffering lot from her mentally.I need a Releaf fro her, Please guide me is it possible for me to go for Divorse and if yes, on what grounds i can i apply for Divorse?

Ravikumar ,Shimoga
Asked 4 years ago in Family Law from Shivamogga, Karnataka
Religion: Hindu
u can apply for divorce mutual consent if she agrees . if not u can apply divorce on grounds  of desertion & mental cruelty single sidely
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

you can apply for divorce on grounds of mentall cruelty .in said petition mention  the fact that for 2 years you r wife has deserted you and refuses to stay with you . is the son  staying with you or your wife? 

however since you have a young son of 3 years try to save your marriage . visit her at her parents place . if she does not want to stay with you go for divorce by mutual consent . contested divorce cases take years to be disposed of . further custody of young child is generally given to the mother
Ajay Sethi
Advocate, Mumbai
47814 Answers
2834 Consultations

5.0 on 5.0

Hi, you can file divorce case based on cruelty and also desertion but one thing whether she agreed for divorce or not you have to make sure that and secondly tried to compromise the thing you have 3 year kid for him also better save your marriage, pls think over that and file a divorce case if it is contested by her it will take time but she agreed for divorce then both of you opt for divorce by mutual consent.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

You can apply for divorce on the ground of mental cruelty and desertion as she is not living with you for 2 years. She will come to contest the divorce case filed by you if she is unwilling to go for mutual divorce. Is the child staying with you or her? You may also claim the custody of your child.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

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