Legal Question in Family Law in India
I live separately from my wife approx 3 years & have a daughter(3 yrs age,stay with her mother),obtained sec 9 decree 12months ago & mentally prepared for divorce.I take all sorts of approach for rebind the relation but failed.Now I filed for the custody of my daughter at the district court of my wife's jurisdiction & taking the summons my wife filed sec10 along with sec24 &26.I've send money in every month to my wife in the form of money order & At par cheque in registered post for last 2 & half year and all are returned to me remarked sometime with addressee refused or addressee left.Can I filed for divorce now having only the ground of obtaining sec.9?As my wife already filed sec 10 is it helpful for getting my divorce?My gross income is Rs.35000/- & I"ve send Rs.3000/- per month(all are refused) what is the amount I have to send for sec24&26?Please help me.
1 Answer from Attorneys
If you have got a decree for restitution of Conjugal right against your wife then it is easy for you to get a decree of divorce from the court. You have proof of sending the money and refusal by your wife then sit back and relax and file a petition for divorce.