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Anonymous

posted 1 month ago

Q.Mr
Question relating to divorce
(1)Mr.A married Mrs.A(wife) Hindu on 14 th Jan 2019.
It is observed that wife :
i) cannot cook nor interested in learning cooking. Old Parents of husband have to serve food to wife.
ii)Not interested to do any work. Whole day busy on mobile/TV.
iii)She leads a retired life. Burden on old parents of husband.
iii)Does not know simple arithmetic eg. example 4+ 10 ,
iv)Does not want to change her surname even after children.
When we advised her to learn cooking , she left house in May 2019 and has not come back not showing interest for discussion.
(5) Can divorce be sought now since only about 2 and half months have passed since she left house and parents not coming forward for discussion and to resolve issues.
(6)Can wife claim maintenance even if her parents have flats and financially well off. And she deserted husband without any cause.
(7)It is possible they may not accept notice of court.
(8)What if their house is locked and wife stays abroad with her mother who is practicing surgeon in hospital in UAE .
(9)How the court notice/ communication be sent if wife stays abroad. Can court communication be sent by email/whats app to wife /her mother.
(10)Can ex parte decree be passed in favour of husband if wife not available to receive court notice etc.
(11)What is best course of action;
-Divorce due to desertion by wife,
- Divorce due to disabilities of wife
- Restitution of conjugal rights
(12)How much legal procedure will cost.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) If she is unable to maintain herself only then you need to pay maintenance.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 1 month ago

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A. ) 1. if you want to rejoin matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
2. if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (one-year separation is mandatory for MCD)
if failed, you have two options,
one option is to file a contested divorce on the grounds of mental cruelty but it will take around 4-6 years,
also once you file contested divorce she will surely file/claim:-
498a complaint, Domestic Violence case, maintenance claim,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV, etc
Call/mail for a detailed discussion/understanding
RCR is suggested as per your facts,
if she is out of India, the summons will be served through the embassy,

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. ) If she's unable to maintain herself then only you will need to pay maintenance otherwise no need . If you want to approach a court for divorce then you can send notice through email. What's app. Otherwise attached on her flats door . Again not responding then you will get ex-party divorce

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