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3 Years of Wilful Separation and No Communication with Wife
03-Jan-2023 (In Divorce Law)
My mentally sick (hidden fact before marriage) wife deserted me and my 4 years old daughter (then 1 year old) willfully, around 3 years back and has kept no / minimal communication since then. She is currently working as a teacher in a pvt school.
Recently she contacted for a mutual divorce and I happily agreed, but next day she took a U-Turn and stopped the communication again.
I wish to start a new life now and need to legally dissolve this non-existent marriage. I have had really bad and unprofessional experiences with some lawyers and fear getting duped by someone again.
Need honest advice on ex-parte divorce.
Dear client,
Sorry to hear this you have unprofessional experience with some lawyer. Dear client regarding ur query you can file divorce case against ur wife on desertion as a ground. Dear client after the service if ur wife did not come to court than in that case court will pass ex parte order. Dear client for more clarification u can contact me and I m happy to help u.
Helpful?
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Adv. Mudassar Khan
Delhi | 200+ Answers
Chat
Yes, you can get divorce on the ground of mental disorder under section13 (iii) of HMA .also as she is not keeping contact with you from past 3 years it shows she has no interest in taking the marriage forward . You can contest the case on the above stated ground. Exparte chances are more . However one sided divorce will b contested professionally and personally taken care off.
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
Chat
In this regard, i advice you to file for the dissolution of marriage on the grounds desertion and cruelty before the Ld. Family Court of your jurisidiction for this i can help you, in that way you have to provide her and your children
maintenance and further is long drawn process thereby including your monetary loss of time and money. Further pertinent to state that if she is willing to divorce you mutually then you decide the terms and can get the divroce within 6 months, as the said period is cooling off period which is mandated under law. For further clarification, please contact.
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Adv. Ujjwal Jain
Delhi | 200+ Answers
Chat
Dear Client,
you have been in mental stress due to your wife, now if there is no communication and deserted you. In that condition you may opt fir getting divorce from her, and start new life. if she is working as teacher then it is good for you that you will be free from paying Alimony to your wife during and after divorce. Child custody may be on legal consideration by court. You should without delay go for filing divorce petition.
You may consult for the same.
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Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
Chat
Hi sir what happened and all when was the marriage been done how many years and all what did the wife say and all what are the documents relating to the marriage First we have to see the situation what she is saying and all what does she want exactly and all what does she say u can file for divorce with all the relevant documents and all
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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