Divorce and maintenance
jalesh
(Querist) 22 June 2013
This query is : Resolved
Our marriage is 16 months old and we are apart from last 9 months. I want divorce from my wife and she is also (supposed to be)agree(vacillates).
How should I proceed for divorce in both situation- if she agree for MCD; and if she does not...?
please suggest...
Adv Archana Deshmukh
(Expert) 22 June 2013
After one year of seperation you can file a petition for MCD. The court will give a date after 6 months for reconciliation. After 6m you need to move the second motion and the court will grant the decree.
If your wife is not ready for divorce then, you will have to file unilaterally on grounds that may be available to you.
prabhakar singh
(Expert) 22 June 2013
There is no other procedure than one stated
by experts.
ajay sethi
(Expert) 23 June 2013
since you have been staying separate for 9 months wait for another 3 months . then ask your wife what she wants ,. does she want to continue the marriage or wants divorce . let her take the call . if she wants divorce then apply for divorce by mutual consent .
if she dosent agree for divorce then it would be a contested case and may take years
Raj Kumar Makkad
(Expert) 24 June 2013
Follow the practical advice given by ajay.
jalesh
(Querist) 26 June 2013
Thanx experts for kind suggestions...
As I mentioned, my marriage is 1yr 4mnth old and actually 9months of separation.
1.if phone calls are made in due course,does it still define separation?
2. can it be stated as 1yr of separation in the court falsely?
Raj Kumar Makkad
(Expert) 26 June 2013
1. Separation can be made even under one roof what to talk of phone calls if there are no conjugal relationship between those two.
2. Falsehood is not advised by us.
Adv Archana Deshmukh
(Expert) 26 June 2013
There is no harm in making phone calls.
How do you expect the experts here to advice you to state 1 yr seperation falsely..??
Rajendra K Goyal
(Expert) 26 June 2013
It is not advisable to state false in the court. You may wait another 3 months, afterwords MCD can be filed only if she agrees.
Raj Kumar Makkad
(Expert) 26 June 2013
You may say falsehood is not promoted by experts.
prabhakar singh
(Expert) 26 June 2013
and i add unless u r in chamber where ur advocate is bound to keep your secrets in his chest without any revelation to others.
Raj Kumar Makkad
(Expert) 26 June 2013
You may say falsehood is not promoted by experts.
jalesh
(Querist) 29 November 2013
Dear experts,
I need ur as usual,valuable legal advice.i m putting it point wise.
Informations:
1.Now i m living separately for more than 12 month from my spouse.we met twice in this duration.
2.we have 5 month old daughter.
3.i m working in a public sector bank.
4.i have finally decided to go for divorce.
QUERIES:
i m getting threatening from spouse for facing the music.she is threatening of involving my parents too.there r some fund trf to me n my parents a/c from her father's a/c.
1.what can she do? plz tell all d possibilities.
2.how should i and my parents be prepared to face her such possible acts.
3.what may happen to my job if she files a police case.
4.what should be my plan of action if contested divorce after dowry case.
5.can court grant custody of child to me if she wants/agrees.
