Divorce due to disabilities or desertion OR annulment of marriage - which option is suitable
Question relating to divorce
(1)Mr.A married Mrs.A(wife) Hindu on 14 th Jan 2019. Residence Mumbai
It is observed that wife :
i) cannot cook nor interested in learning cooking. Old Parents of husband have to serve food to wife.
ii)Not interested to do any work. Whole day busy on mobile/TV.
iii)She leads a retired life. Burden on old parents of husband.
iii)Does not know simple arithmetic eg. example 4 plus10 ,
iv)Does not want to change her surname even after children.
When we advised her to learn cooking , she left house in May 2019 and has not come back not showing interest for discussion.deserted husband
(5) Can divorce be sought now since only about 2 and half months have passed since she left house and parents not coming forward for discussion and to resolve issues.
(6)Can wife claim maintenance even if her parents have flats and financially well off. And she deserted husband without any cause.
(7)It is possible they may not accept notice of court.
(8)What if their house is locked and wife stays abroad with her mother who is practicing surgeon in hospital in UAE .
(9)How the court notice/ communication be sent if wife stays abroad. Can court communication be sent by email/whats app to wife /her mother.
(10)Can ex parte decree be passed in favour of husband if wife not available to receive court notice etc.
(11)What is best course of action;
-Divorce due to desertion by wife,
- Divorce due to disabilities of wife ie does not know simple sums(arithmetic ) does not cooking,(mental incompetence) does not want to do any work take up job. Parents did not disclose this prior to marriage does it tantamount to fraud . Then can we opt for annulment of marriage
- Restitution of conjugal rights
12) Annulment of marriage on the ground ,the parents did not disclose about disabilities of their daughter example not able to do simple sums addition, subtraction .(mental incompetence) . Wife herself informed after marriage that she is suffering from dyslexia. Is it not a fraud
If she does not know simple sums how she will be able to manage house hold work eg buying of grocery, vegetables fruits , make investments , manage investments in shares, mutual funds, banks housing society affairs etc .She can easily get cheated. She will not be able to lighten the burden of husband .
Further ,Before marriage We told parents of wife that we desire to have working/earning partner .They informed that she has a pet grooming centre. After marriage she gave up this profession Does the above tantamount to fraud because they did not disclose disabilities of daughter Can this be ground of annulment of marriage . Cost of legal procedure?
Asked 6 years ago in Family Law
Religion: Hindu
Hello,
Thanks For your opinion.
As per the opinion received divorce can be filed on the grounds of desertion for continuous period of 2 years.
Marriage was on 14th January 2019.
Wife left house on 12th May 2019.This was pointed out to mother of wife by email on 19th July 2019.
Will the period of 2 years of desertion be reckoned from the date wife left house on 12th May 2019.
What evidence required to be produced to court about commencement of date of desertion.
Will my email to mother of wife on 19th July 19 be acceptable to court because mother has not contested /opposed about this date of desertion.
If not ,any other action need to be taken by us to prove commencement of date of desertion . May I also forward above email to wife. Wife acts as per advice of her mother. Thanks
Asked 6 years ago