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How to go about the case if i dont want to give a divorce
11-Sep-2023 (In Divorce Law)
My wife is from different state and we are married for 15 years with 2 child. I am working for a PSU bank and was posted in her state. Since last three years i am posted in my home town but she never agreed to come here giving different reasons. last she visited here was a year ago. We kept on telling her to stay with us but she asked to give her divorce. This month she has filled a divorce case under desertion. My net salary is around 30 K right now and i have continuously given her 14k-15k every month which she says is not enough for their livelihood. I cannot understand how its a case of desertion. She is a house wife and not so educated. She has said that the children can stay with me. I have recently taken a housing loan and pay around 15K as EMI. Right now i dont have any savings also. As she has filled the case in her state it will be difficult for me to go and attend cases as it will hamper my work. How to go about the case if i dont want to give a divorce?
1. since a suit has already being filed against u then in such an event u will have to contest d same; if the dispute cannot be mutuallay settled .
2. Regarding desertion ur wife will have to prove the same before the court of law and u will have to establish that it is she who has deserted u.
3. If there is any ground for transfer of the case then u may take steps according to law.
While contesting your case you will have to prove the court that you have never deserted your wife since you have been paying her Rs 14-15/ month to enable her to live up with all her day-day expenditure with respect . You should also file a repeated representation before ur authority at office seeking for transfer as this will establish that you never wanted to leave.her
4. You can also produce letters etc if any before the court to establish that you have repeatedly requested your wife for her come back. if such can be establish then in such an event its more likely that the case of desertion against you by your wife will be null and void.
4. Your case needs thorough discussion for the proper resolution.
SHAMBA DUTTA. ADV
SUPREME COURT N HIGH COURT
2. Regarding desertion ur wife will have to prove the same before the court of law and u will have to establish that it is she who has deserted u.
3. If there is any ground for transfer of the case then u may take steps according to law.
While contesting your case you will have to prove the court that you have never deserted your wife since you have been paying her Rs 14-15/ month to enable her to live up with all her day-day expenditure with respect . You should also file a repeated representation before ur authority at office seeking for transfer as this will establish that you never wanted to leave.her
4. You can also produce letters etc if any before the court to establish that you have repeatedly requested your wife for her come back. if such can be establish then in such an event its more likely that the case of desertion against you by your wife will be null and void.
4. Your case needs thorough discussion for the proper resolution.
SHAMBA DUTTA. ADV
SUPREME COURT N HIGH COURT
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Adv. Shamba Dutta
Kolkata | 25+ Answers
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