Divorce

Querist : Anonymous (Querist) 09 November 2011 This query is : Resolved
sir my marriage has happen on june 2005 but our relation has ended on after 8 month because of her nature she is doing very cruel behviour with my family.do to this i break all my relationship with her.now last 6 years we have no any relationship.now i want divorce with her.but she didnt want to divorce me she always threten me i will complain police i dont no what complain she will going to lodge.we have no children.

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prabhakar singh (Expert) 09 November 2011
You can file the divorce petition.

She has right of her maintenance against you
which she can claim in the divorce case itself as well as invoking section 125 Cr.P.C. as well as DVAct with right of shared house,as well as a dowry case under 498aI.P.C.[though with out success].

Better if you two mutually file the divorce
petition provided you can convince her.

ajay sethi (Expert) 09 November 2011
you have been staying separate for 6 years . you can file for divorce. what were you doing for 6 years?

since she has deserted you file for divorce on grounds of desertion

conditions laid down by the Supreme Court in a landmark case of Bipinchandra v. Prabhavati, AIR 1957 SC 176. The following conditions must be satisfied for desertion to be established in law:
Factum of separation i.e. willfully staying separately from the deserted spouse.
An intention to bring a permanent end to cohabitation.
Absence of consent to the separation on the part of deserted spouse.
Absence of any action by the deserted spouse providing justified reason to the spouse to leave the matrimony home

M.Sheik Mohammed Ali (Expert) 09 November 2011
yes, i do agree experts query reply

Shonee Kapoor (Expert) 09 November 2011
Relationship ended, did cohabitation also ended?

Don't worry about cases filed by her, if you keep on waiting it would be a wait of lifetime.

Can handle cases as they come.

FEAR REMEMBER IS YOUR BIGGEST ENEMY.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 13 November 2011
sir please advice me upto how many year she has right to file a case for dowery.last six year i was engaged in (4 year i am in job then i decided for higher study then 2 years i studied).now i am doing job last 2 month.how much she will charge for maintance.

ajay sethi (Expert) 13 November 2011
she can claim the moon . but generally it depends upon your finacial position too . how much are you earning per month? is your wife working? what are her qualifications ?do you have children etc

Querist : Anonymous (Querist) 13 November 2011
no we have no children,she has master degree,myself m.tech,now my salary is not good because i change my job profile as traine i am earning rs 21000 per month cash in hand in private company,now i am also plaining for higher degree as phd.

Querist : Anonymous (Querist) 13 November 2011
no she is not working

ajay sethi (Expert) 13 November 2011
court will take into account her qualifications too while awarding maintenance . the fact thst she is an MA means she can work and draw a decent salary .

conuslt a local lawyer .

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