Legal Question in Family Law in India

Resp Sir,

I am a 38 yr Old Doctor now studying MD post grad in a pvt college with my own finance.. I was married since 2009 ,my wife isa BDS PGDM Dental Materials working in a another pvt collg. she has salary of 45000/. We got married in Mar 2009 arranged by our family. no dowry was taken,, cost of marriage was shared.. .I was then working on a ship as a doctor.. she used to stay in her place expect when I returned home for vacation. She has completed three foreign trips with me extending for a stay period of about 2 months... There had been few differences of opinion and she stayed away from me twice in the past..

Now Since Sept 2012 She has left home with out informing , she went to work and never returned.. This is after I returned to join MD in 2012 MAy..

After 4 months in Feb 2013 she came with some relatives and a local goonda and threatened my parents and me and took her documents and clothes which were in my house.....

I had kept some Fixed deposit in her name when I was working.. but she now has refused to give it back... She has changed her cell no since 9 months.. their residence is changed (unknown)..

I have two properties of my own in my name..

I have no income other than stipend now of 4000Per month.. My fees per year is 16 lakhs.. I have still 2 years to go..

My Question.. 1)How long before should I wait before divorce?

.. We have no children..

2)Will she get a right in my property..?

3)She is not responding to a letter I sent by hand and emails... ?

4) Actually through a unkown person she informed that she requires 28 lakhs for sepration?

Please advise what am I supposed to do..

Why should I give her money.. she has no kids,, she still has gold from me, Deposits in her name roughly about 5 lakhs.. She has more income than me..

Asked on 7/23/13, 11:05 am

1 Answer from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

1. You may make efforts for mutual settlement.

2. Divorce may be filed after one year of separation.

3. Her rights in your property will depend upon court's view on alimony.. However, considering her income level as explained by you, she may not get any share in your property, if the same is self acquired out of your own income.

4. A direct talk for settlement may help.

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Answered on 7/23/13, 6:17 pm

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