Related with divorce
Guest
(Querist) 06 November 2014
This query is : Resolved
My bf seeking divorce from his wife on the basis on mental cruelty but she is not ready to give him divorce instead she wants to come back..what parameters can be taken to get the divorce on contested basis. She have one 3 yr son also.
The divorce already filed in session court.Can the court dissolve this marriage becoz he never want her back. Also the woman already filed case under domestic violence & getting maintenance of 30,000.
Earlier he gave her chance & bring her back & she signed some papers in the presence of judge that she will not repeated this again but nothing happend.she tortured him mentally & disrespect his parents. His father got severe injuries when her brother faught with him over an issue.Please suggest..need help urgently
Devajyoti Barman
(Expert) 06 November 2014
Divorce can not be granted merely because one party wants to end it.
It has to be obtained on proof of grounds of divorce like cruelty was done to him.
Divorce suit of contested takes more than 6-7 years to end.
So till then either keep patience or made them settle for mutual divorce.
V R SHROFF
(Expert) 06 November 2014
BETTER LEAVE YOUR BF
YOUR ACT IS IMMORAL, ANTI-SOCIAL & ILLEGAL.
THINK OF SMALL 3 YRS SON!! WILL BE FATHERLESS..
It seems ur bf have v good income, so paying 30k mtn p.m.
Guest
(Expert) 06 November 2014
If you are a True Friend to your Boy Friend Try and Get their Family United.God will bless you more than what you Expect. Well Advised by Senior Expert Mr.V.R.Shroff.
malipeddi jaggarao
(Expert) 06 November 2014
Let him settle his issues. Why do you interfere in his personal life? We should have set our limitations in interfering with the personal life of friends especially when the friendship is between opposite genders.
Rajendra K Goyal
(Expert) 06 November 2014
Agree with the views of expert VR SHROFF and expert N.J.S.Rajkumar alias narasimha .
Guest
(Querist) 06 November 2014
Hello sir..but dispute is not small.She used to send false statement to his managers that she mentally tortured by him & not receiving any amount to survive which resulted him to leave the job from two companies. She disrespect his parents. This couple married in 2010 after 8 months of marriage the wife left home & living separably with her parents & filed complain in women cell. My bf filled a divorce application in 2011 but judge forced him to bring her back in 2013 & the girl signed some papers in judge presence that the she will not repeated this again but unfortunately she did not changed her nature.Her father & brother came home & severely beaten my BF's father & mother.They filled a complaint against it. Now in Jan 2014 she again left his home.This time my BF filled a divorce petition in session court, in revert she filled a Domestic violence case against him & getting 30,000 maintenance. & told that she again want to come back & don't want to give divorce. What can we do?. Can this marriage will dissolve by judge? Can a judge force a person if he never wants his wife to get back? will he ever get divorce?
Guest
(Querist) 06 November 2014
he have all those mails as proof to show in front of judge which she used to sent his companies+ havng some recordings in which she abusing his parents..she also tore some of his clothes by scissors which is a sign that she have some mental issue...I think there is no use to stick with this marriage where she also don't want to compromise nor respect her husband parents.
Devajyoti Barman
(Expert) 06 November 2014
Unless and until divorce suit commences trial and disposes of in favour of the husband, divorce would not be granted.
Breaking of marriage does not mean automatic ir speedy divorce at least in India.
T. Kalaiselvan, Advocate
(Expert) 08 November 2014
In the pending divorce case, he can take the support of the evidence she committed before the court earlier that she she will not repeat such incidences and shall live with him as per the compromise arrived but the subsequent developments reveal that she has not kept up her words and still continue to torture him. This can be added as pleadings or taken up during arguments. The divorce suit is to be fought properly to succeed and cannot be won by mere ambition.
Guest
(Querist) 10 November 2014
Dear Experts@V R SHROFF,N.J.S.Rajkumar alias narasimha ,malipeddi jaggarao ,Rajendra K Goyal ...Please do not take me in wrong way. believe me I am not the reason for their separation I met him long after she left his home..
You reply is very valuable for me..Still I have some doubts to clear:
1: already divorce case filled bt she took stay on the case but now HC hv give order & continue the case in session court.(Can she agn take stay in that case)
2: Neither my BF nor his parents wish to get her back in that case what could be the consequences(Means can judge will force him to get her back)
3: The case is not mutually contested than it will take alot time to complete so what time after divorce we can marry?
4: What amount of lump sump can a judge decide in this case.
@ Devajyoti Barman & T. Kalaiselvan, : Thanku Sir for you guidance.
Highly appreciated
Devajyoti Barman
(Expert) 10 November 2014
1. No
2. No but Judge may refuses to grant divorce. Dismissal of divorce suit does not mean forcing the parties to live together as husband and wife under one roof.
3. 30 days after grant of decree of divorce.
4. Depending on the income and status of husband.
Dr J C Vashista
(Expert) 11 November 2014
Consult another local lawyer, there is some thing foul (as we smelt from the post)and some material facts have been concealed.
The BF paying 30 K maintenance to his legally married wife and maintaining a mistress can afford to hire as many advocates as he want.
You have sufficiently been advised by the experts, I agree and nothing more to add. Please close this thread.
