Divorce
Guest
(Querist) 15 July 2012
This query is : Resolved
We have been married for almost 9 years. We have a son of 8 years old. Everything started with incompatibility people involved and made it worse.
My wife is working in IT filed. i am also working. Lot of bad things happended in our life.
Till now my wife filed 2 Firs. One she withdrew (cyber crime). Status of second(506a) FIR i am not sure. I took bail and left the place.(till now no dowry case).
We are not in touch for the last 2 years. even if make phone , after hearing my voice she will drop it. My wife is not ready to live with me right now. also she is not ready to take any decision for some reason and not ready to give divorce.
Most part of our married went like this. i am taking abt the last incident .
Every thing I tried like counseling, mediation with the help of elder ppl etc... But no use.
She has bought house on he own.
She is not asking me for any maintenance as of now.
Questions are.
Can i file divorce case base on the above stated incidents ? two FIRs are enought to prove cruelty ?
i heard from some of my friends contested divorce is not easy .
I approached a lawyer @ my town. I sent him a divorce petition which was already prepared (1 year back i approached a lawyer and then stopped). After seeing my petition the lawyer discussed my problem with his fellow lawyer who knows about our problem. Since then The Lawyer has been saying( for the last 1.5 months) my petition has to be altered and he is working on that. Till now he hasn’t altered.
I don’t know whether the lawyer discussed with my wife and her parents and making delay purposely.
I am not also sure whether the delay is due to lawyers inability as he is always referring his fellow lawyer.
As the lawyers know about out problem, i thought it would be easy to run tthis case . My wife doesn’t care my whereabouts and whether i live with someone. So if she is ready for any peaceful problem, these lawyer might solve the issue.
i dont know whether i need to continue with the lawyer despite the delay.
Devajyoti Barman
(Expert) 15 July 2012
In the instant circumstance it is better you engage another advocate.
So much of time should not be taken.
Rajeev Kumar
(Expert) 15 July 2012
In your case and circumstances,you should replace your advocate. He has consumed high time. It is advised to you go for mutual consent divorce rather a contested divorce. Settle amicably
V R SHROFF
(Expert) 15 July 2012
WHY don't you disclose the reason for dispute??
If wife is more educated, or having higher controlling power/ links/ or earning double than you, it is a vital reason for Separation, and mis-understanding.
As u say ur wife in IT field, have earnings to purchase new Flat out of her own earning, she get superiority complex, and you get depression, that lead u to drinks/ etc. and it ends with quarrelsome atm & violence in anger.
She want to be away from you. Reason you know the best.
If you wish, as you have no relationship for last 2 years, you can file Divorce [desertion for 2 yrs + cruelty ground]
Immediately change Advocate and file Divorce Petition. Your drafting will not do. Let Advocate handle it. You only provide facts, and Evidence. Let your adv ask to go for MCD, after you file Petition , It can be converted to MCD at later stage. Do not wait for her consent at present.
Dr J C Vashista
(Expert) 16 July 2012
As rightly advised by Mr. Shroff you have developed inferiority complex consequently your wife has deserted.
Engage a local matrimonial lawyer of divorce.
prabhakar singh
(Expert) 16 July 2012
When the fellow lawyer is known to your wife
try for divorce by mutual consent and every thing shall stand clear to you.
