divorce/ seperation
Querist :
Anonymous
(Querist) 31 May 2010
This query is : Resolved
Respected Sir/Madam,
I got married on 2nd Feb 2009. iam working in pune and she is from Mumbai. Before marriage it was decided that she will come and stay here with me. She stayed with me for 15 days and went to mumbai as her job is their. and one fine day she called me and my mom that she does not want to continue this realtionship. My family members have been continuouldy trying in contact with them but they did not respond to anything, Now last week her younger brother came and met my Church preist asking for marriage certificate. They are surely to file a case against me, we also contact one of the lawyer and today he sent and notice to her my question is that even if she files a case against on me than what?
Guest
(Expert) 31 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATRIMONIAL MATTER KINDLY NOTE THAT.
1.KINDLY NOTE THAT AS YOUR WIFE IS NOT WILLING TO STAY WITH YOU ,THERE ARE CHANCES THAT SHE MAY FILE A CIRIMINAL COMPLAINT CASE AGAINST YOU AND YOUR FAMILY MEMEBERS FOR HARASSMENT FOR MONEY AND OTHER FALSE ALLEGATIONS.
2.YOU MAY KINDLY BE CAREFUL AND BE PREPARED FOR FACING THE COURT MATTER.
3.YOU MAY APPLY FOR ANTICIPATORY BAIL IN THE DIST AND SESSIONS COURT/HIGH COURT AND TILL FINALISATION OF SAID MATTER KINDLY CHANGE AND SHIFT THE RESIDENCE FOR ABOUT ONE WEEK AS IN CASE COMPLAINT IS ALREADY FILED THEN POLICE MAY ARREST YOU AND YOUR FAMILY MEMEBERS INCLUDING PARENTS AND BROTHERS AND SISTERS.PLEASE NOTE.
4THIS IS AS PER MY EXPERIENCE I AM CAUTIONING YOU,PRECAUTION IS ALWAYS BETTER THAN CURE. PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE AND SEND DETAILS OR CALL .WILL HELP YOU.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS.
Ashok Yadav
(Expert) 31 May 2010
She can file a criminal case u/s 498 A IPC or any civil case againt you, i will advise you to file a case u/s 9 Of HMA for Restitution of Conjugal Rights. It will show your bonafide attempts to bring her back and It will work as a safe guard for u in future, if worst situations arises.
G. ARAVINTHAN
(Expert) 31 May 2010
Which type of case she will file as you expect?
G. ARAVINTHAN
(Expert) 31 May 2010
She cannot file desertion as you not deserted her
G. ARAVINTHAN
(Expert) 31 May 2010
if you want to live with her, then you can file case for restitution of conjugal rights
Querist :
Anonymous
(Querist) 04 June 2010
Respected Sir,
I think u are right she may go to any limit and take any steps to go about it. My lawyer has too advised the same. I never knew that getting divorce is such an painful process in India. Iam sorry to say that today 99% laws are with female and they can play as they want it and our lawmakers did not take any steps to protect the right and security of the innocent husband or men.It seems that my life and my career is at brink of getting destroyed.
Querist :
Anonymous
(Querist) 05 June 2010
Respected Sir, Now my lawyer has sent her the notice to repsond within 10days, what if she does not take any action or respond to it?
Querist :
Anonymous
(Querist) 13 July 2010
Respected Sirs,
My wife has replied to my notice but what all she is said in the notice is quite shocking, whatever she has done to me and my family it all made on me. She said that I and my family harassed her and told her to leave the job and that Iam not fit for completing my family responsibilties and that Iam not able to physically staisfy her and that she has given that much cash and gold to me, extras. Iam completely in the middle of the Ocean and I really dont know what to do, How to come out of it? Please guide me so that I can come out of it safely.
M/s. Y-not legal services
(Expert) 17 September 2010
in your query you didnot mentioned about your idea.. that you are willing to live together or not..
its ok.. better you may file a restitution of conjugal rights petition.
its may be safe to you.. with this situation she can file DIVORCE OR DOMESTIC VIOLENCE CASE.
take care..
..tom..
Querist :
Anonymous
(Querist) 02 October 2010
Respected Sir,
Iam really thank you for the advices and directions that u have mentioned me. My lawyer has said to file and divorce case against her and asked for marriage certificate. since as an christian I got married in Church the certificate is with Church Father and he is not willing to give me and said that he will give only after talking to my wife.
Iam responding to Tom, Do I have any option, I still love her but I know its just one sided love and she does not have any love neither respect for me. Not only me but even my family is suffering very much.
