• Help me and need advice

I need advice and help to file divorce. I got married in 2014 in Kerala and my marriage has taken an unexpected route.She was living with me since 2015 in UK. We have been having arguments because of my father in law getting involved in our life. Recently we went back home and I had a debate with her father and she said told me she doesn't want to continue with this relation. I left her house and since then we have not spoken. I tried messaging,emailing and calling her to know what she wants but I have had no reply and it's been two months. . She has made no attempt to get in touch with me. Her family and she has been lying to me since the beginning now she has started working in India. I cannot live a life with uncertainty,What can I do to get answer from her legally and if they definitely want divorce can I file it anywhere in Kerala.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1) Under section 19 of the Hindu Marriage Act 1955 states that every petition for divorce can be filed before a District Court within the local limits of whose original civil jurisdiction the marriage took place, respondent at the time of presenting the petition resides, or the parties last resided together or where petitioner is residing while presenting the petition

2) since your marriage has been solemnised in kerala you can file for divorce within court jurisdiction where marriage was solemnised or where you resided with your wife or where wife is currently residing

3) you can send email to her that it has been 2 months since she left her matrimonial home and to request her to return to her matrimonial home .request her to mention date when she desires to return so that you can send her air tickets to UK

4)mention that if she does not want to return you would be willing for divorce by mutual consent

5) if no reply is received send her legal notice and then file divorce petition

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Hi

You can file a petition for restitution of conjugal rights or a Divorce petition at the place (sec 19 of Hindu marriage act) where the

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. If you really want her back then file suit for restitution of conjugal rights.

2. if nit then divorce suit is advisable.

3. it can be filed only where the marriage was performed or where she is presently residing or where both of you last resided together in India.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

You can apply for dissolution of marriage on the ground of cruelty where your marriage was either solemnized or where both of you last resided together in India. Prior to this, you may issue her a lawyer's notice asking her to cooperate in filing mutual consent divorce.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. It will be prudent on your part to settle the dispute amicably keeping in mind that divorce is the 2nd most stressful event in one's life

2. However, if you fail to settle the dispute and she refuses to relent, then negotiate with her and jointly file a mutual consent divorce petition which will be decreed with in 6 & 1/2 months from the date of its filing.

3. You do not have any acceptable reason up till now to show as a ground to file a divorce petition against her. You can file a divorce petition on acceptable grounds like cruelty, with evidence before the Court of any of the place where the marriage was solemnised, where both of you last resided together or where she is presently residing.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

First ascertain her position and stand on the married life between you both by sending her a legal notice asking her to return to the matrimonial fold or if she is not willing then she may give her consent for mutual consent divorce and if there is no response for this then you shall be constrained to initiate legal process on this as per law.

Thus after waiting for considerable time for a reply you may proceed legally against her.

You can file a divorce case in the place where you got married or the place where you both lived together or where she is currently residing.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

You cannot hold her passport for any reason.

A complaint with police about holding her passport and refusing to return may be taken very seriously.

You arrange to return the passport to her under acknowledgment.

Whether the divorce takes place or not you do not have any right over her passport and such reasons that it was agreed to return on a certain date cannot be claimed as an excuse.

Even the court has no power to confiscate anyone's passport other than fr the reasons as stated in the law, so understand the seriousness and avoid getting into any big trouble due to this.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1) you must hand over wife passport to her

2) obtain acknowledgment from wife of receipt of passport

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. It is her passport which you shall have to handover to her whether she agrees for the MCD or not but they can not certainly bring any charge against you for not handing over the same for the reason that she did not arrive on the scheduled day when the articles/documents kept by both the parties belonging to the other side was fixed for exchanging.

2. If you have not kept in record that you are holding her passport or if you think that they have not recorded your telephonic admission that her passport is with you, then you can deny having custody of her said passport.

3. She has not attended on the day of the 2nd motion even when you traveled all the way from UK. So, why do you think that she will arrive on the next scheduled date?

4. Negotiate with her through your said cousin informing her that her passport will be handed over to the said Cousin for returning to her if she attends the 2nd motion and co-operates for getting the decree of MCD.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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