• Separated wife not giving divorce

I got married in 2010 and since then ihave a disturbed married life.in whole of these five years me and wife has lived together only for 8-10 months and that too in installments because she always left my house at small issues and even she always threatening me of indulging me in false cases she has a political support also.now we are living seperately since 3yrs without any communication she has switched off all the lines of communication and my mother in law doesnt lets me enter there house i have not seen my son since 3yrs and he is now near about 5 and he doesnt knows that im his father, once we had a meeting outside with my in laws and they demanded 25laks as compensation although when i got married i dint took even a dress from my wife all the expenses of marriage was beared by my family,now my wife is not giving me divorce nor coming back and niether she is communicating with us im pissed off with my wife and ***1 more thing i got married in delhi and my wife is staying in delhi im living in ludhiana so can i put a case in ludhiana court...***is there any way that i  can get divorce from my wife without her mutual consent. **and is there any possibility of my or my family memebers arrest.**how much compensation is possible in my case.**will it be a right decision to file a divorce case by me first as my wife has bot filed any divorce petition. kindly assist me with this.
Asked 1 year ago in Family Law from Ludhiana, Punjab
Religion: Hindu
1. Do not succumb to any blackmailing , more so, when you have done wrong.
2. You can file divorce suit where both of you last resided together.
3. Do not worry. The 498A case has no tooth left and once bail is granted nothing remains.
4. Pursue your divorce case , you will get it after somedays but do not part with so much under pressure of blackmailing.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
If you need a divorce then file a divorce petition under the ground desertion and cruelty.If you have a desire to live with wife and child try to  file a petition for restitution of conjugal rights in a court of law.When either of the spouses has withdrawn from the society of the other without reasonable cause, the other person may file a suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 

You can file the case at ludhiana court.(where the husband and wife last resided)

If you want to see your child and custody of child file a petition UNDER SECTION 7,10,17,25  OF THE GUARDIAN AND WARDS  ACT 1890 AND SECTION 7 (1) EXPLANATION (G)  OF THE FAMILY COURT ACT .
Guardian and wards card are empowered to determine the issue of child custody.
1.	Permanent Custody
2.	Interim Custody
3.	Visitation Right

There is  no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties,their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
While calculating the maintenance.
1.	Total monthly Income of both Husband as well as Wife.
2.	Number of children’s
3.	Number of years of marriage.
4.	In case of the Income of wife is 50 % of Husband's salary then she do not get maintenance.
5.	In case if she has to take care of her child also then in such cas maintenance amount would be more.
6.	If the wife is well qualified and well settled then percentage of maintenance would be less but yes now a day maximum cases goes in favour of wife only.
7.	Or else if you do not want to share your salary and property then you convince your wife for a permanent alimony in which whatever she will demand you have to pay her in one attempt then she will not be able to claim for any other thing in future. But all this you do it as per the court procedure to avoid in future problem.
8.	As regard to distribution of you salary between three wives, I would like to inform you that yes you have to pay all three wives maintenance but again I will repeat the point no. to 4 again.
9.	One important point while divorce neither Wife nor the Husband can claim property of someone else.
10.	A wife can claim the property which is earned by her Husband.
11.	Yes man can get a benefit of this law, I\in statue it clearly mentioned that either of the parties can claim maintenance, that is either Husband or Wife, even you can claim maintenance from your wife if you may able to prove that you do not have earning source and your wife has earning sources and she has also acquired a properties in her Name.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1)you can file for divorce on grounds of mental cruelty and desertion in Ludhiana 

2) you can also seek joint custody of child 

3) your wife can file domestic violence case or 498A case as counter 

4) you can obtain anticipatory bail in case 498A is filed 

5)your wife may also claim maintenance for herself and the child 

6) court generally awards one third of your income as maintenance 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Hi sir, I can understand  point of your query. If your wife more than 2 years separated from  her matrimonial house (you and your house) and residing outside from your house i.e., her parents house and etc.,. Before filing the divorce case you have to issued a legal notice you should mentioned 3 years separated and no communication till date and her harassment on you by mentally and physically and narrated all her attitude in respect of you and your family  And after issuance of legal notice you have to file divorce case on the ground of desertion. In regard to Maintenance it will depend upon source of income of you. Your wife cannot file DV Act case and u/s498A IPC case against you, if file these cases are not maintainable it will be dismissed. You don't worry go ahead.  
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
You cannot keep waiting for her to return to the matrimonial fold and it is a waste exercise because you already have bitter experiences while living together.  Moreover three years waiting without any ray of hopes for the continuation of a happy married life in future as as good as searching for a address which is not there. 
If she is very adamant to not to cooperate, then the option before you is to abandon the marriage by filing a petition to dissolve the same by a decree of divorce on the grounds of cruelty and desertion. 
If  she is provoked over the legal action taken by you and is  resorting to avenge you by filing false dowry harassment and domestic violence cases, you can challenge the same by first obtaining anticipatory bail.  
The jurisdiction for filing he divorce case will be at the place of marriage or the place where both last resided or the present place of the wife's residence.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Hi sir, you do not worry about her connections to anybody you have to establish her harassment physical and mental cruelty on you and on your family parents in the divorce case. I do not know about the lawyer but he may be do well. Few years back get the divorce without informing that is exparte order against the wife. The Hon'ble Court may be pleased to issued a summons to wife/Respondent and the summons was duly served on her and if not come before the court and contest matter at that time the Hon'ble Court may be hearing the case in absence of her and based on the pleadings and documents the Hon'ble court may be pleased to pass an order of exparte against the wife/Respondent. It is the procedure of the court.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
It is not possible to get  divorce without  her knowledge because she is the other party to the marriage  so anything done that way isnot nothing but a cheating and fraudulent act.  
Your known person might have played fraud on his wife to get the divorce decree without her knowledge but he will face problem legally when the facts emerge one day.
If she is politically influential,you should first obtain anticipatory bail if the police is summoning you for inquiry and then challenge her case in the court.
About engaging an advocate will be your own choice. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
1) after recent SC judgement in 498A case obtaining anticipatory bail has become easier 

2) you can contact any of the lawyers on this website from delhi for guidance in case you want to change your lawyer 

3) to obtain divorce copy of petition has to be served upon wife . If she does not attend or engage any lawyer court may grant you exparte decree 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Truth always win but take time.If she file a false case then contest the case on merit. If needed take anticipatory bail.The practicing lawyer who know the settled position can help you.Don't put much tension put on head and loose clam mind.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Without knowing the case history in full no comment on merit of the case can be told.
Have faith in your lawyer.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You can file for divorce on the basis of cruelty against your wife. It can be filed in Ludhiana if your wife lived with you on the last occasion in Ludhiana.

2. If she files criminal cases against you it may result in your and your family members' arrest, to preempt which you should file for anticipatory bail.

3. Your wife does not qualify to get any maintenance from you as she has not been victimized by you.

Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0

1. The possibility of arrest is always there when a criminal case is filed, but the law of the land gives to you the right to file for anticipatory bail to avoid your arrest.

2. The maximum she can do, if you file for divorce, is to contest your case, which is her indefeasible right.

3. It is not possible to get divorce unless your wife has been summoned.

4. Have you faith in the lawyer chosen by you.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1. File a divorce suit on the ground of cruelty and desertion and a child custody case immediately. You should have done it before,

2. She might file a 498A case which will have no merit since she is not staying with you for more than 3 years,

3. There is no chance of your or any of your family members getting arrested for any complaint lodged by your wife,

4. Your wife might file a petition at before the Supreme Court for getting the suit and case transferred to her place i.e Delhi and in that case you shall have to go to Delhi to pursue the cases,

5. You might have to pay 1/5th to 1/3rd of your monthly net income towards her maintenance in case she is not employed.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. There is no possibility of your getting arrested on the particular issue,

2. File Divorce suit immediately. Her Ex-CM connection can not over rule Court order,

3. I do not know the quality of the lawyer you have engaged to comment on the matter. Engage an experienced lawyer having expertise in this field,

4. Your known person has managed to show the Court that he summons/notice issued to his the then wife was received by her but she has chosen not to attend the Court for which the court passed the decree of divorce ex-parte.

Thanks for ur valuable advice!sir **is there any possibility of arrest in any charges although im clean .**my wife has ex cm connections will she able show her power once 1 file case in the court**i donot want her back i jusst want to divorce from her **sir the lawyer hired by me is a lawyer in patiala house court delhi will he be able to survive winning this case or should i hire some other lawyer**last thing is that sit 1 of my known person few years back got divorce without informing his wife how is it possible ????kindly assist with the same
Asked 1 da
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. You first file the divorce suit and the child custody case as suggested in my first pst,

2. Engage an experienced lawyer having expertise in this field,

3. You will have an end of the situation you are facing now only after you act to end it, not otherwise.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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