Moved abroad w/o telling wife. Now i want divorce. What should i do?

In Divorce Law

I got married in year 2000 and have a son of 10 years. Me and my wife had many issues in marriage and I wanted a divorce so I got separated from her in 2008 and moved to different town. Now since last 3 years I am in Canada without her telling her.

I have tried to speak to her and her family about our divorce but she is very stubborn and just wants to harass me. We are clearly separated for 5 years. I want divorce from her and marry another girl.

Tell me what to do.

Answers (1)

353 votes

You have mentioned the word 'separated' a couple of times in your query, however, you have also added that when you try to speak to your  wife and her family about Divorce, you are denied the same and are harassed by your wife. This clearly indicates that while you mention your relationship status with your wife as 'separated', she and her family on the other hand do not approve of this so called separation and might be treating this as 'desertion' by you unless you had mutually decided to separate with the wilful agreement of your wife.

As per Hindu Marriage Act 1955, 'Desertion' means the desertion of the aggreaved party by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage.

Coming to what you wish for now, and what can be done legally to provide you the desired relief, we suggest the following course of action:

To get an upper hand and an edge over your wife, before she and her family move the court under various provisions available including Restitution of Conjugal Rights, filing a Divorce petition under Section 13 (1) (ib) - Desertion, maintenance, etc, you must immediately file a Divorce petition under various grounds available as per the Hindu Marriage Act 1955.

You may move the petition citing Cruelty under Section 13 (1) (ia) and Desertion under Section 13 (1) (ib) of the HMA. Mental agony and harassment are valid reasons to be counted under the ambit of Cruelty as per Section mentioned earlier and based on other facts and details we may cite Desertion by your wife as the other ground on which Divorce may be seeked.

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