Separation as Grounds for Divorce

**sidharthmellam** · 02-05-2011, 08:03 AM

My question involves a marriage in the state of: Divorce

I belong to Hindu community
Marriage happened 2001
Dowry: I did not Take Dowry, Bike, Car ,… sort of
My wife: Govt Employee
Myself : Private business,
My only Male Child Born: 2003
From 2005, my wife leaving Separately

It goes like this,

On Jan 2005 My wife with child , left My house in my presence, In spite of My request to talk on any differences, Making Oral allegations of mental torture from my mother and allegations on me for taking her entire salary and other reasons, where she can justify herself to her family and parents , that why she left my house.
After leaving the house, Her parents did not approach me to sort out the issues and problems of their daughter.
I approached my wife after a gap of two months March 2005, and appealed to lead marital life In my house along with my mother, she did not agree to that , said she will think on that, In front of me and our relatives.
I was already broken with heart and mind, for any place for her in my life.
After One year I e 2006 she came to my house, and I did not accept and allowed her.
Since , she could well trouble herself , intentionally , and can make allegations again on me and my mother , we could face the justice , for no wrong of ours, since , its women who has upper hand in such situations.
Again a year passed, as we both staying away.
In 2007 I approached my wife , in a neutral place and advised her ,as we have lot of differences within us, also due to her behaviors , I cannot a lead marital life, since as I lost faith in her, I proposed her to take the mutual consent divorce, For which she did not reply., again we departed.
Now in Dec 2010, I have sent a Legal Notice through a lawyer to my wife , Describing the happenings, and again appealing her for legal separation.
For which her lawyer’s replied following

That,

All the statements made in my letter are false,
It was not my wife who deserted me, but it is me , who is
Not leading martial life , since 2005
And letter also includes, all the allegations of my wife ……….mental torture from my mother and no support from me …..taking her salary……………
Again the letter says, in spite of all these , during the years, my wife has forgotten all the previous incidents, and she is now ready to lead a life with me, else , she can go to the court for Restitution of Conjugal rights

My situation; Am not ready to accept my wife now. After 5 years, and there is no meaning in life, to lead it with unfaithful person, and my mind and heart did not accept her.

My Question:
1. Based on the above situation, whether desertion of my wife holds , key , as a ground for my divorce petition
2.If court asks me to show the proof of leaving separately since 5 years ?
3.Is there any point , that my petition may get dismissed by the judge, as my wife is writing in letter that , she is ready to lead marital life now ? If The court asks me to forget every thing , which has happened in the past ?

How to go about , this ,

Pl advise ?