divorce to wife --prefered ground- Hindu religion


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 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. Course of action

Answers (2)


161 votes

Sir
As per the law no divorce petition can be filed by either party within the first year of marriage.
Yes you have grounds for divorce under following provisions
1.desertion by wife.
2. failure to adjust to married life and cruelty to husband and husbands parents by desertion.
3. Question of maintenance will have to be argued on grounds of merit at the time of petition.
4. An application for restitution of conjugal rights can be filed on behalf of husband. this can be done now.
further details feel free to get in touch


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159 votes

a petition for divorce cannot lie to any Court within the first year of marriage. the financial condition if of the wife has nothing to do with the financial condition of her parents so she can claim maintenance even though her parents are well off .

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