• Wife deserted me

Hi
I got married (Hindu arranged marriage) in Feb 2015, and my wife went abroad for higher studies in Nov 2015. She is supposed to return in Dec 2017, but didnot return.
She says she doesnt want to live with me and wants to settle down abroad.
Her parents initially wanted us to live together and later said I was the one who cheated her.
Now they want mutual consent divorce. I am afraid if they can damage my name after the mutual consent divorce. I don't want to agree for mutual consent, and I want them to file divorce by themselves.
Is it a good idea to go for that option?
Asked 2 years ago in Family Law
Religion: Hindu

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19 Answers

Best option is divorce by mutual consent

2) amicable settlement is best option

3) contested divorce proceedings take 5 years to be disposed of

4) if your wife does not want to stay with you agree for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Dear Client,

Don`t file and agree for MCD and procure evidences that u want her back, send her e - mails, calls, msg etc.

For continuous 2 years desertion, u can file divorce anytime.

Wait and watch , what they upto

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0

Mutual consent to divorce would be far better than the contested decree. It will not affect the interest of any party if both of you willing to part away. In case, if u refused to give consent to divorce, she may file a forged criminal complaint against you for domestic violence and dowry harassment. If that happened, it will give much harassment to you. At the same time, if she file a petition to divorce on the ground of cruelty or on any other ground, she should assign the reason for divorce, for made out the same she may plead such false averments against you in that petition. If you are also intended to give divorce then go with mutual consent it would be better choice.

Selva Perumal
Advocate, Chennai
314 Answers
36 Consultations

4.9 on 5.0

Firstly, I advice you to not to wait for them to file the divorce.

Secondly, you should yourself file a case of divorce on the ground of desertion so you won’t have to pay any alimony also.

Thirdly, going for the mutual divorce may compel you to pay also if any conditions been put there.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It does not matter at all if it is divorce by mutual consent or otherwise. However, if you opt for divorce by mutual consent, it may take less time and efforts.

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
8 Consultations

4.9 on 5.0

Sir amicable settling divorce is better option if you go by contested there can be number of false cases and it takes lot of time,

Now see even if you want to live with her you cannot force her and it is unfortunate but true that Indian law some where down the line favour women.

So to settle it before filing divorce ask them to make an agreement MOU wherein she will agree that there was no domestic violence dowry, she do not want any maintenance or alimony she by her will and you by your free will taking divorce there shall be no legal allegation and cases relating to this martial relationship will be there.

If they sign an agreement this will safe guard your interest further file first motion jointly then there is time of 6 months if you find anything contrary before second motion and finalisation of decree you can withdraw consent,

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

Hi,

In case of Mutual consent divorce, all the things will be solved at the time of second motion, but you may agree for that after sometime only.

Ganesh Singh
Advocate, New Delhi
6450 Answers
13 Consultations

4.5 on 5.0

If you want to give divorce then you can proceed further for mutual consent of divorce under section 13b of the Hindu Marriage Act. Before moving any petition for mutual consent of divorce you should ask them to prepare and agreement that no personal allegation will be made against you and also no criminal or civil case will be find against you. After passing of the mutual consent divorce your wife will no longer be entitled for maintenance either under section 125 of the code of criminal procedure or under the Hindu Marriage Act.

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

Grounds of divorce as mentioned in section 13 of the Hindu Marriage Act are based upon the guilt theory. Therefore you are bound to prove that there is guilt of your wife. This will take much time then the mutual consent of divorce for granting of decree. Mutual consent of divorce does not based upon field theory therefore parties are not bound to produce any evidence and also Court will pass the decree after lapse of two motions.

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

Hi

If at all , you wish to divorce your wife, Mutual consent divorce is the best option as Mutual consent divorce is granted without parties accusing each other and no monetary demand made by the wife.

Contested divorce might take about 3-4 years where as mutual consent divorce will be settled in 6 months.

It also appears from your query that you are not to be blamed for divorce and hence you have every right for contested divorce.

But you also should keep in mind that law cannot force a woman to live with her husband(actress sarita case) and also that indian women resort to filing false dowry cases, domestic violence cases etc just to coerce the husband to give assent to mutual consent, it is advisable to look at your own facts and you should be able to decide which option is best suited for you.

Rajgopalan Sripathi
Advocate, Hyderabad
2028 Answers
374 Consultations

5.0 on 5.0

This is totally your Idea if you don't wish to go for mutual consent divorce let it be contested divorce petition, file a divorce petition in the family court on the basis of desertion, cruelity and non compatibility against your wife and pray for the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

1) You can file RCR case in the court and tell your wife that you want to stay with her together.

2) If she insists for Mutual Consent Divorce you can ask from her one time settlement amount 25 lacs as she has cheated you and you are in under mentally tortured by your wife.

Ganesh Kadam
Advocate, Pune
11579 Answers
109 Consultations

4.9 on 5.0

What is the reason that she does not wants to live with you, is there any marital issue between you

However, what is your worry about the possibilities of damage to you if they file mutual consent divorce?

Actually mutual consent divorce is the smoothest form of divorce and if there are no more chances for a cordial conjugal relationship there is no use in continuing the dead marriage.

You can decide about continuing it if you hope that she may return to the matrimonial fold anytime in the future, but remember that even if you get a RCR decree in your favor, you cannot force your unwilling wife to live with you.

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

If there's a mutual divorce, I don't think they'll be maligning your image post divorce; but sinve you aren't ready for it, not need to give your consent for mutual divorce.

I'll advise you to file a petition for restitution of conjugal rights so that you may strengthen your stand and dampen theirs.

Vibhanshu Srivastava
Advocate, New Delhi
9116 Answers
179 Consultations

5.0 on 5.0

Respected sir...

In each and every case where you want to to get apart from your spouse mutual consent divorce is the best way as it is laid down under section 13-B of Hindu marriage act 1955 . sir in this you will not have to face any problem it is a just simple procedure which lays down a simple procedure of divorce and avoid harassment of both the parties ...just go and get the divorce decree under section 13-B of HMA ....

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

First of all u can file a petition for Restitution of Conjugal Rights. Then they will file for divoce by themselves. There will be no valid grounds for divorce for them. stick to RCR.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

Dear Sir,

Yours is very good idea but you must aware the consequences. The same are put in to FAQs as below:

========================================================================================

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR?

Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

Dear Querist

if she is not ready to live with you then it will be better to file Mutual Consent Divorce and live your life as per your will, otherwise, it may be possible that she filed any maintenance case, domestic violence case, dowry demand case, divorce case, etc.

it will be better for both of you to file mutual Consent Divorce and live your life without fighting the long battle before the Courts.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5765 Answers
271 Consultations

4.9 on 5.0

It depends on your wish if you want to stay with her or not. When you don't want to stay with her mutual consent divorce is the best. If she wants to damage your reputation she can do it anyways. There is no use you avoiding mutual consent Divorce when you don't want to stay with her.

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

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