Divorce issue
Ashish Arora
(Querist) 15 January 2015
This query is : Resolved
Hi,
I had a love mariage 5 yrs back at Ambala (haryana), we both were working at Gurgaon and last year my wife moved to bangalore(from her company side) as our relation was not going good , we had fights on multiple homely issues , now few months back she filed a divorce case , i went there and mediation was setup in which she demanded the things , i agreed on it , but there was one flat(at Bhiwadi Rajasthan) issue stuck which is in name of both ,initial amount was given by me and loan payment is going from her account to bank , she was/is in favaor of taking the flat , i said just hav a agreement (u will just give my cash amount and initiate the transfer process, and i will be available for transfer process, In the last she didnt agreed on it.
Now there was last madiation date on 12th Jan , i didnt went there adn my lawyer has informed me that file went back to the court.
* Kindly suggest me please to release from this. to get divorce asap.
* Also what court will do now.
* I went thrice there only after her confirmations and she changed her statements in front of madiator in terms of demands.
* http://timesofindia.indiatimes.com/india/Why-should-husbands-suffer-all-the-time-asks-SC/articleshow/45816616.cms
As per above link shdould i request to transfer the case to my state/City. What expenses will be charged , should i go for it or not.
*She can do anything else like fake cases lik dowry and all as she has already given the fake statements that her mother took mloan for 14-15 lakhs for mariage expenses.
Thanks in advance.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 January 2015
First quarrels in family is fact of the matter. But divorce is last report. r
Better go for Mutual Divorce and protect from giving shelter and maintenance though she is working and get rid of.
ajay sethi
(Expert) 15 January 2015
1) your application for transfer of cases yo your city wont be accepted . convenience of wife is taken into account by court .
2) give her the flat and go in for divorce by mutual consent
3) loan EMI of flat is being paid by her only . agree to transfer flat in her name .
Rajendra K Goyal
(Expert) 15 January 2015
If not possible to live to gather, agree to handover the flat and go for Mutual Consent Divorce.
Nadeem Qureshi
(Expert) 15 January 2015
Dear Querist
It will be better to forget about the money which is paid by your for flat and settle the matter with her amicably and file a mutual consent divorce before family court and live your life as per your wish, otherwise, she may file all the false cases and you have to bear may be more then that amount.
the litigation is costly and never ending process, so it will be better to think about above said opinion and do as you think better for you and your family.
Ashish Arora
(Querist) 16 January 2015
Hi all,
Thanks for reverts , i already agreed to give the flat but the thing is, she wants that, flat should first transfer on her name then only she can go ahead with divorce. this all happened in front of madiator , she said that she will come to gurgaon(builder ofice location) and close the loan , and then i will go to builder saying transfer the flat in name of her. But it didn't happened yet and file went back to court , so what to do now .
Devajyoti Barman
(Expert) 16 January 2015
Well, you can mention the transfer of flat in the mutual divorce petition itself and do the registration on the date of final hearing so both of you remain secured about respective commitment.
Ashish Arora
(Querist) 16 January 2015
Hi Barman Sir,
Already i said the same in front of madiator...but she didnt agreed on same..She said she ll close the loan nd get it transfer first..but it wont happen nd my advo decided to go back to court as both parties settlemnt has not done...
Jayashree Hariharan
(Expert) 17 January 2015
you tell her to come to haryana and finish it off, simultaneously get the mutual consent ready. mutual consent sign and regn be simultaneous. file in haryana itself. tell her this option. probably she will agree. because six months cooling period and then only once she will have to come to haryana for evidence. that is it.
T. Kalaiselvan, Advocate
(Expert) 18 January 2015
It is as simple as it. Better challenge her divorce case in the court and drag the issue for a longer time so that she will realise and will settle down the terms and agree for mutual consent divorce.
Ashish Arora
(Querist) 23 February 2015
Hi Sir/Mam,
There was a court hearing in Feb, 2015 where my advo went only and now its on 17th of March. Now there is no communication going between her and me , no mutual things are going on , how to proceed further as i wanna move out of it.
* Can i file a new case in my state?
* or Can i get the case transfer to my state?
Kindly help with suggestions.
