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.
Asked 2 years ago in Family Law from Madanapalle, Andhra Pradesh
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
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.
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.
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.
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.