DIVORCE

Querist : Anonymous (Querist) 31 December 2010 This query is : Resolved
WE HAVE BEEN MARRIED 6 YEARS. MU WIFE IS WORKING. SHE IS NOT READY TO LIVE WITH ME.AT THE SAME TIME SHE IS NOT READY FOR DIVORCE.

SHE HAS FILED 506A AGAINST US. I HAVE A EVIDENCE THAT SHE IS CHATING WITH SOME.

is there any way for filing divorce??..pz tell me...

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Khaleel Ahmed Mohammed (Expert) 31 December 2010
Yes you can file a divorce petition before the court. You are advised to seek the services of your experienced local lawyer.

Kirti Kar Tripathi (Expert) 31 December 2010
Filing of a case is one thing but whether the same will be fruitful or not will depend on the facts and evidences led by the parties. You can file case for divorce but the relief will depend on cogent evidences in support of grounds mentioned in the petition. Unless grounds and evidences do not support your case, you can not get divorce. so for as your's wife chating with some one, is concerned, it is no ground for divorce.

Sachin Bhatia (Expert) 31 December 2010
You can file a divorce case on the ground of desertion.

Guest (Expert) 31 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

REGARDING DIVORCE KINDLY NOTE THAT

1.DIVORCE IS LAST STAGE .YOU SHOULD DISCUSS THE MATTER WITH YOUR WIFE AND TRY TO SORT OUT PROBLEMS IF ANY FIRST.YOU ARE MARRIED FOR PAST MORE THAN SIX YEARS BOTH ARE EMPLOYED SO DISCUSS THE DIFFERENCES AND RESOLVE THE SAME.
2.FOR FILING DIVORCE YOU HAVE TO MENTION ALL FACTS IN THE NOTICE AND THEN GO AHEAD IF NO OTHER ALTERNATIVE IS THERE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS WILL HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
WISH YOU ALL A VERY HAPPY NEW YEAR.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Ashok Yadav (Expert) 31 December 2010
As per my view firstly you should file a suit for Restitution of conjugal rights, under section-9 of HMA. The court will summon her and she will tell why she is not residing with you. Court can pass a decree in favour of you and direct her to live with you. If she denies then you will have a valid ground for getting divorce, otherwise court may refuse your divorce.

Chanchal Nag Chowdhury (Expert) 01 January 2011
yes. On the ground of irretrievable breakdown in marriage.

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