Need an advice for taking divorce

You can apply for divorce under the ground CRUELTY.. having child in your care may be positive for you.. if you prove her job and salary... you need not pay maintenance...

better communciate with her and convince her to take divorce by mutual consent and child custody to father.  this way, you will also be able to avoid frivolous litigations and precious years of youth would be saved.

excellent advise by Mr. Ganesh and Mr. Rajiv.Mr. Anil, please go ahead with their advise. At last God is great.

Dear Rajiv Sir,

Thanks for your valuable time and suggestion. My wife is not interested in going for the mutual consent as well as she is not sure whether to give the custody of the child to me. I kept requesting for the same from the last couple of months with no answer from her. She asks me to go ahead and do whatever I want. She is just blackmailing and confusing me by not giving any clear visibility of what she wants to do.

Hence, is the reason I want to go ahead and apply for the divorce.

Thanks & Regards,

Anil

in that situation, you may file a petition for divorce and state the reasons for it...viz. mental or physical cruelty and at the same time, you also file a civil suit against your wife, restraining her from forcible taking the custody of your child.  the court would order that she cannot take the custody except by due procedure of law.  this way, you ll be able to save alot of harassment.

Dear Ganesan Sir,

For your information, I have never taken any dowry or nothing of that sort. We both quarrelled a couple of times before we got seperated in May, 2006 following an argument as said in my original statement. There are no major issues between my mom and my wife too. My wife just just zooms in too much for any tiny aspect.

Under these circumstances, may I please know if I file the divorce under the ground CRUELTY, is there a chance she charges me under section 498? Because I don't want my mother (My father is expired in 2001 and since then my mom is staying with me), nor any of my family members to suffer with the action I take.

Also, may I please know filing a case under section 9 of Hindu Marriage Act for Restitution of Conjugal Rights will it overcome the problem with the section 498?

Please let me know your opinion.

Thanks & Regards,
Anil

Dear Anil. I would advise you to take every step with consensus. I see that u are also aware of the going ons of divorce proceedings ..... A mutual consent divorce would help u a lot in all matters .... but if u file for divorce proceedings .... and if the same is contested by your wife ... the issue may prolong ..... further you have a daughter who at her age needs the mother the most .... therefore I do not see any positive signs that u would be granted the custody of ur daughter ..... as far as maintenance .... if it is evident that ur wife does not have a vaild reason to stay separate and/or has sufficient means for her livelihood as per her status ... she would not be granted maintenance .... but u'd have to give maintenance to your daughter if the custody i granted to ur wife

File a petition for restitution of conjugal rights narrating all the facts.  In all porobability she will not comply with the order which will provide you additional ground for divorce. In that back ground you may not be liable to may maintenance also.

In an identical case, where husband did not take steps to protect his interest and was sleeping over the issue, the wife went ahead a petition under DV act and obtained a maintenance of Rs.4000/- for self and daughter Rs.1500/-.  She also got an order against the husband for payment of Rent of Rs.3000/- for her seperate stay though there was no justification. Matter is pending in appeal.

So in your own interest file a petition for RCR.

 first you prepare for a complaint before police that You wife is going to lodge a bofus complaint as if you are asking her dowry.. then youfile divorce proceedings on the ground that cruelty on very same ground showing the child is with you..

If your wife is not agree for mutual divorse than you can filr divorce petition on the ground of cruelty and desertion under Sec. 13 of Hindu Marriage Act. You can also apply for the custody of baby.

VIPIN SHARMA, Advocate

337, Akron Ka Rasta, Kishanpole Bazar, JAIPUR-302001

Mob. 9610000043

 i say some different way.. you can file a Guardian Wards Application before family court, stsing that child is under your care and can gety order from court for maintenance of child.

Since child is with you, she can not claim any maintenance for child.

You can prove her income.. So better have enough proof and aware before each step

Hi All,

Please note that:-

A) My mother resides in a property built by my dad with housing loan borrowed from SBI.  After my fathers death, my mother paid off the interest on loan from his superannuation receipts.

B) After my fathers death in 1997, since there was no will, we 3 brother (Eldest Brother was major and we 2 minor at the time of death and my mother was custodian for both of us) and my mothers were legal heirs in this property (Plz correct if I am wrong here).

C) We did not proceed to give any legal shape to ownership as everything was fine till my brother got marries in December 2006.

After my brothers marriage, things went sour from Feb 2007  and he has been contesting a divorce case and 498A case since may 2007. We soon realised that girl and her family  is interested in property mentioned in A) above when they went to the extent of break opening the lock of our house and ransacking it. Girls father against my mothers will made her daughter stay in house where this girl created whole lot of scenes and did all what could be expected. My widow mother had to go through all pains.

We three brother realised the motive of girl and her father and relinquished the right of property in our favour. No objection was filed by any party with 30 days of publishing in offical gazette and property was vested in my mothers name in July 2009.

Please advise  

We want to do everything possible to refrain this girl from sharing my dad’s property.

Fyi, my brother is a central govt servant and girl has been living the quarters provided to him by govt . My brother has to live outside in hotels and lodges as his lawyer has advised if my brother proceeds to ask this girl to vacate the quarter , she will try to get roders from court to move to lucknow property. Now when we have relinquished the right of property in favour of our mother  , please advise regarding the legal position.

can this girl still claim right in this property in the name of my mother.

We don’t have any property inherited from our grand father or any other source.

Thanks,
Ashutosh

Please read

>>"We three brother realised the motive of girl and her father and relinquished the right of property in our "MOTHER's" favour. No objection was filed by any party with 30 days of publishing in offical gazette and property was vested in my mothers name in July 2009."