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Rishikesh (Manager HR)     29 August 2013

Mcd - but obtained on lies and treachery

Hi,

I recently got my divorce decree. But the way i got it was pretty disturbing. Though the divorce was a MCD, and it was without any hassels, i was coerced to sign it as i was threatened by my wife - who happens to be a lawyer - that if i do not accept it, she will take legal recourse and sue me all possible ways. It was a threat which i bowed down to. 

While this is behind me - i suspect that she is still using my name and i would like to put a general notification in newspapers that we have been divorced and are no more related to each other. I would like to understand if i can do this? If i can what process do i have to follow? 

 

Best regards

Rishikesh Shinde



Learning

 3 Replies

Adv. Chandrasekhar (Advocate)     29 August 2013

No legal impediment for you to do that.

Rishikesh (Manager HR)     29 August 2013

Thank you for your revert. But is it possible that my ex wife takes any legal recourse and sue me on any foreseeable grounds? She's a lawyer and is is quite capable of doing anything against me...

Samir N (General Queries) (Business)     29 August 2013

You need to apply to the Family Court and file a petition to seek a permanent injunction on her from using your name or surname. There is a Supreme Court judgment. It is very simple. Husband opposes use of his name and surname after divorce, wife cannot use it.  Nothing more required. Then if she continues to use it, you can take her to Court for contempt of Court Order. As she is an advocate, you can also file a complaint against her in the Bar Council.

You also seem to be chicken-hearted or not telling the whole truth. Why do I say this? Cause you seem to be afraid that she is an advocate. So what? Also, you cannot argue that you entered into a settlement with your wife and consented to divorce because you were afraid as she is an advocate. The Judges will laugh at you and in any event that is not a legal argument that will provide you any relief.

Now, let bygones be bygones... Time to show your manliness.  Get on the offensive. Find out all the unethical things she did while you were fighting your case with her and then file a long complaint with the Bar Council saying that she has violated numerous Bar Council rules by her unethical conduct. Hope you have some valid facts there. Anyway, who cares... Nothing will happen to you if you fail as long as your complaint is not frivolous. But guess what? She will realize that you are not a chicken-hearted fellow. I am NOT advising you to file a false complaint. Only one based upon facts. And send a copy to her and write that if she continues with unethical conduct you will file a new complaint with the Bar Council.

Advocate hone se advantages hote hai or disadvantages bhi.  Abhi dikhana usko disadvantages...

GOOD LUCK! 

I am not an advocate but learned enough while my wife, now ex-wife, hurled one case after another, against me. She got ZERO relief in all of them. So, daro nahi. Age badho himmat se! Jo Dara Wo Mara!!


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