• Divorce applied by the husband


   I married on march2015, v both stayed together nearly 2 months later she went to home as a part of custom, when she was leaving my home she taken  away all the gold inclusive of both were given gold ornaments. During that time she said she wants to stay away stating that I don't have money, she  always wants me to move away from hometown, here I have job monthly salary about 44,000/- and we  have business. and she was asking me to give 20,000/- as a part of personal expenses.

   On august'15 her father died due to  road accident ,when her father died I frequently visited  home and always I am asking  her, do  you want  me to support regarding all the works, she always says I am managing  and meanwhile she didn't talk to me and always watching TV. 

    Now Her mother died on decmber'15,then we asked their relatives try to send her home, her elder sister said if my sister wants your son then send him with us. I can't leave with her, because my parents were not healthy meanwhile they don't want my support.

    Their relatives are not ready to share their address with me.

    within my knowledge their relatives were supporting  for her money, property and other 

she always escaping to receive the court summons.

kindly suggest me a path to settle this issue.

thanking you.

With Regards
Asked 2 years ago in Family Law from Madanapalle, Andhra Pradesh
Religion: Hindu
1) you can file for divorce only after expiry of one year of marriage except in exceptional circumstances 

2) don't be in hurry to file for divorce 

3)your best option is to file for divorce by mutual consent . Both parties have to stay separate for one year before filing for divorce by mutual consent 

4) if wife refuses MCD then file for contested divorce  on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
44220 Answers
2565 Consultations

5.0 on 5.0

If she is avoiding summons then the court will order newspaper publication to afford her a final opportunity to turn up in the court to contest her case, and if she does not appear then the court will grant ex parte divorce to you.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Hi, you can sent the court notice through RPAD and Speed Post in spite of that also if she not received the summons then you have to take steps through substitute service i.e by way of paper publication. 
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

From your contents it can be seen that your marriage has not completed even one year, so divorce case cannot be filed without permission of court under section 14 of HMA. 
If she is continuously evading to receive the summons, you may request the court to allow you to take steps to serve summons through substitute service.
You may request court to permit you to serve the summons through local newspaper publication of her town.
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

5.0 on 5.0

you should talk with her regarding future of this relation. I think there is communication gap and it may be resolved with mutual understanding. She has not filed any case yet so I think there is chance to resolve this issue.  Do not initiate any judicial proceeding at this immature stage. 

Divorce should be last resort if she refused your proposal to live together. If she refused to receive summon you may pray for ex-parte decree. 
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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