Wife left abroad without informing Wife left abroad without informing

2 years ago

Wife left abroad to stay with her brother without informing me. Texted only after boarding the flight. Mentions incorrect fact that there was no rapport between us and she was bored in the marriage. She showed no such signs while being here. Purposefully hided her plan. Her parents also not giving clear info. No one is sharing her tickets or any other particular related to the trip
Simply saying she said informed me and my parents. Not sure of her motive. Looks like career plans abroad. She stopped communication with me. What step should I take. We don't have kids. We were both divorced earlier and being in marriage for 3 years. Its more than 10-15 days since she left. What step I should take now ?

Anik

Responded 2 years ago

View All Answers
A.Dear Client,

As per the facts stated you may file for restitution of conjugal rights under section 9 of Hindu marriage act or you can file for divorce.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 1 year ago

Thanks for valuable advice sir. I collected some details by a private detective. She had left the country in long term student Visa (1.5 years) to australia, and is not traceable bt her own parents. They are maintaing she is with her brother who already working in australia, but unable to arrange any phone or whatsapp video call to me since she left 2 months back.. It is very suspicious since the relationship was cordial until she left. She abrupty stopped all communications, no response to my emails also. and also seems to have affair with other person based on call records. We are checking if the other person also left the country. So she had planned all these for a long time and executed. So I am planning to file for divorce under desertion and cruelty. Will it be correct and whether court will accept these grounds based on the facts stated above ? Whether her family contest the divorce case by pretending she given power of attorney ? Will it be compulsory for her to appear by video conferencing, Or any other delay tactics saying she is studying abroad.
Her address in australia is not known. Can I file the case based on her India address of her father (permanent).
Marriage happened 3 years back in India only and she was not working till leaving the country. I have sufficient income to run the family, so whether her going away for studies will be accepted as a reasonable cause by the court for justifying against desertion ?
She had contacted her lawyer before leaving and had sent me a text msg in the last moment before boarding the fliggt, saying she is 'going to her brother home for few weeks for a change'. Will the court accept this as valid way of her informing me.
Request your valuable advice Sir. (Sorry for too many queries, however all are connected)

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers

A.Dear Sir,

You may again file divorce case for 2nd time and you can get ex-parte decree.

Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 1 year ago

Thanks for valuable advice sir. I collected some details by a private detective. She had left the country in long term student Visa (1.5 years) to australia, and is not traceable bt her own parents. They are maintaing she is with her brother who already working in australia, but unable to arrange any phone or whatsapp video call to me since she left 2 months back.. It is very suspicious since the relationship was cordial until she left. She abrupty stopped all communications, no response to my emails also. and also seems to have affair with other person based on call records. We are checking if the other person also left the country. So she had planned all these for a long time and executed. So I am planning to file for divorce under desertion and cruelty. Will it be correct and whether court will accept these grounds based on the facts stated above ? Whether her family contest the divorce case by pretending she given power of attorney ? Will it be compulsory for her to appear by video conferencing, Or any other delay tactics saying she is studying abroad.
Her address in australia is not known. Can I file the case based on her India address of her father (permanent).
Marriage happened 3 years back in India only and she was not working till leaving the country. I have sufficient income to run the family, so whether her going away for studies will be accepted as a reasonable cause by the court for justifying against desertion ?
She had contacted her lawyer before leaving and had sent me a text msg in the last moment before boarding the fliggt, saying she is 'going to her brother home for few weeks for a change'. Will the court accept this as valid way of her informing me.
Request your valuable advice Sir. (Sorry for too many queries, however all are connected)

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Dear Client
You need to think about this marriage and give a proper thought that what you want to do in future. If you want to continue this marriage then file a case for restitution of conjugal rights and get her back as per the court order. In case you don't want to continue then you can file a case for divorce on the ground of desertion.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 2 years ago

Thanks for your valuable advice Sir. I will wait for sometime and if no response from her, then i will initiate RCR petition. Thanks once again for your time.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 2 years ago

A.Dear client,
As per your statement herewith stating about your wife and at the same time you also saying both of you got Divorced by court of law. You have no kids also. Now , I would rather ask your that once you were divorced then how can you consider her as you wife in the eyes of law or on social front ? Rather both of you are free to move without any information or intimation as it is quit normal being in break up relationship. She 8s now independent. You will have to keep knowing that whether she marry there or not for stopping alimony if any she is getting by order of court .
Thanks
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 2 years ago

Sir, Thanks for your response. To clarify your misunderstanding --we both divorced earlier from different partners. Current one is remarriage for both of us. This marriage is live only. Unfortunately and expectedly her and her family behavior is strange and unacceptable.

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconWife name
Dear Client, Changing your spouse's surname post-marriage is not legally mandatory in India. Even, women don't need to change their names/surname on their passports after marriage. It is believed tha...
question iconMarriage dissolution
Dear Client, Section 12 in The Hindu Marriage Act, 1955 prescribed the grounds for voidable marriage. A marriage can be held null and void if the respondent was impotent at the time of marriage and at...
question iconMarriage Issues
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconWife name
Dear Sir, It does not create any problem as in most cases in India even after marriage the surnames will not be changed and it is understood.
question iconMentally unstable parent
Dear Client, In the given scenario, you can arrange for a full-time caregiver for your ailing father. You can also seek help from an NGO that renders dedicated service to the needy and ailing persons.