• Spouse neither willing to give divorce nor to live together

Mr and Mrs A got married in 1999 and have a son born in 2001. Mrs.A being highly educated than her husband never cares to give him love n affection. In 2005,She cleverly gets signature from her husband on Rs.20 stamped bond paper as if he is states that they are getting separated since they cant adjust with each other. It is also mentioned that he is breaking all bonds with his wife and child from that day. Based on this she is able to easily get visa and moved to Singapore and working there in a reputed post till date. The minor child is under the custody of wife's parents. Mr.A had lost his parents at the age of 16 and didn't have any siblings and hence living alone. His only hope was that his wife and child would come back and hence waited for 10 years. All his efforts to convince Mrs.A or to visit his son have been fruitless. She is neither willing to live with him nor giving divorce as she is demanding a lump sum of Rs.30 lakhs which Mr.A cannot afford. Even after 10 years Mrs A is the least interested in reunion. Mr A is now 40 and feels his efforts have gone in vain.  Please suggest in such a situation how can Mr A get a divorce at the earliest so that he can find another soul mate to take care of him.
Asked 2 years ago in Family Law from Coimbatore, Tamil Nadu
Religion: Hindu
1)Mr A can file for divorce on grounds of desertion and mental cruelty 

2) since his wife is highly qualified and earning decent sum of money she wont get alimony 

3)Mr A should also  make an application for custody of his child 

4) contested divorce cases take around 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
46745 Answers
2767 Consultations

5.0 on 5.0

1. There is no way one can get earliest divorce unless both of them agree for a mutual divorce.
2. A can file contested divorce suit on the ground of cruelty and desertion.
3. He can also file suit for custody of the child.
4. Since B is gainfully employed she is not entitled to maintenance.
5. When A could wait for 10 years for apparent reason he is now no option but to wait for several more years to get divorce.
Devajyoti Barman
Advocate, Kolkata
13141 Answers
174 Consultations

5.0 on 5.0

Here his wife deserted him for long time period. So it is a good ground for divorce. Mental cruelty is another ground for obtaining Divorce.
Mr.A should file a petition for custody of child and also file divorce petition.May be the custody petition will accelerate the attendance of Mrs.A in the court. Other wise she is not attend the Court and prolong the case. 

During the time of litigation try for mutual divorce petition. Mrs.A is in good financial position than husband so no need for ail money and maintenance to her.  
Ajay N S
Advocate, Ernakulam
2821 Answers
47 Consultations

5.0 on 5.0

1. Nobody can get legally separated by signing a stamp paper. Divorce can be granted only by a court of law.

2. Mr.A can file for divorce on the ground of desertion against his wife as his wife has deserted her. The court will give an opportunity to Mrs.A to come and contest the case, but Mr.A can get divorce even if she contests it.

3. Mr.A can also file a case of child custody against Mrs.A and her parents to get the absolute custody or access to his son.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Hi, he has to file a petition for divorce on the ground of desertion so based on the desertion A will get the divorce.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

The very fact that she deserted him and staying away from him for the last years or more will be a good ground for seeking divorce from her.  He need not pay her alimony because she is employed at Singapore and drawing a handsome salary. 
He do not have to get her consent if she is not willing to give one and he can approach court directly with a divorce petition on the grounds of desertion, non-cohabitation and mental cruelty.
T Kalaiselvan
Advocate, Vellore
36896 Answers
403 Consultations

5.0 on 5.0

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