Divorce or RCR / URGENT ADVICE
Querist :
Anonymous
(Querist) 22 January 2011
This query is : Resolved
If wife has already taken one divorce before this second marriage and she has taken big money in the first divorce then will this be of use to the second husband who was widower and if he files case of divorce on Cruelty as the wife is not ready to reconcile without adoption of her child from previous marriage and she is treating child of husband with cruelty and also husband has proofs of cruelty against him like througing bottles on him, breaking bone of hand, refusing s*x,refusing household work, abusing, abortions without his consent, slapping servant, saying that she loves her ex too much etc etc.*Proofs are in the form of exchange of mails with her on all these issues)
She is working and staying with parents for last 10 months, husband has proofs of payment of school fees etc. for her child from previous marriage also.
Please advise.
Devajyoti Barman
(Expert) 23 January 2011
So what do you want to know/ The orunds and the proofs you are talking to are sufficient to get a decree of divorce on the ground of cruelty.
Advocate Bhartesh goyal
(Expert) 23 January 2011
If husband has the proofs regarding above mentioned acts then it is strong ground for getting divorce .
madan kumar tiwary
(Expert) 23 January 2011
yes , if you have evidence as stated but you have one weak ground, not allowing her son to live with her or adopting him..
N.K.Assumi
(Expert) 23 January 2011
Leaving aside all those wear and tear in the nuptial home between the spouses the allegations of abortions without his consent is a clear case of Cruelty if true and it is a ground of Divorce.Why speak of RCR, just file a Divorce petition.
Querist :
Anonymous
(Querist) 23 January 2011
Dear Sir,
Since marriage her child was staying with us and i was bearing all their expenses including school fee of Rs.3100 per month.
As she fight on small small issues of children and ill treat my son so i am not ready to adopt at the moment but i assured her that i can give on stamp paper to adopt her child once relations are normal and she also behaves normally with me, my child my relatives etc.
But they want adoption first then she will be back otherwise she will not come back, she shifted school of her child and joined job also and i feel she is in comfortable position so they are not tensed about this issue but as i have no one to look after my son i am tensed and want to resolve the issue as early as possible but they are delaying it.
One advocate suggested me to file RCR otherwise i will have to pay big amount as a alimoney as i am filing divorce.
I have tried my best involved her relatives ,friends and they are supporting me but she and her parents are adamant.
I had proposed mediation but she is not ready for that and just want adoption first and i fear that after adoption she will file case for maintenance of both of them (which she can't claim today and ask for share in the ancestral property)
So i am totally confused and is not able to decide the best course of action in the above situation.
Please advice on urgent basis.
