advice for divorce
radhika
(Querist) 05 August 2014
This query is : Resolved
Hello everyone
I got married in the month of novemeber 2013.My husband stays at Delhi and I have a job in Mumbai.
Recently my father inlaw passed away and I went to the inlaw's place for the same.After 12 days, I went to Delhi with him to stay for a few days. But the next day only there was a fight between us as he was saying to me to leave the job and when i denied,he slapped me. I came to my parents place after that.Same day my inlaws tried to contact me but i dint pick up.But afterwards as I was not picking up the phone he called on my brother's phone and told him either you make her leave the job or send the papers for divorce.
Then my parents called him to meet him to talk but he told he will meet and never called back.
It been 3 months, he has not called back.
From the beginning of my marriage, he tries to avoid me for some reason.I want to file a divorce.Please suggest me the next course of action.
.
M.Sheik Mohammed Ali
(Expert) 05 August 2014
that is your own risk, if you like to go divorce, before that think before do it.
Devajyoti Barman
(Expert) 05 August 2014
Why do not you leave this job and get another job at your matrimonial home.
This may stave off the flame for the time being.
Else filing of suit for divorce is an option which however is time taking if your husband decided to contest.
radhika
(Querist) 05 August 2014
His behaviour with me is very wierd, he does not like to talk to me or be with me which constantly makes me think that there is some issue with him.
I would have left the job if his behaviour was normal.
Should i try to find some evidence against him by hiring some detective?
Sudhir Kumar, Advocate
(Expert) 06 August 2014
Both he and you are obsessed with the movies
Why should you hire detective.
this appears to be a case of Domestic Violence and he has spread good evidence.
You are in Delhi. CAW office is half a Km walk (no turning) from ring road bus stand of Nanankpura Gurudwara.
G. ARAVINTHAN
(Expert) 06 August 2014
send a notice to him for restitution of conjugal rights ( if you are willing to live with him) or for divorce.Initiate proceedings immediately
Devajyoti Barman
(Expert) 06 August 2014
First make your mind in your future priorities and then take a decision.
Rajendra K Goyal
(Expert) 06 August 2014
Try to have amicable solution and if the no result, explore the possibility of Mutual consent Divorce.
ajay sethi
(Expert) 06 August 2014
you can file for divorce only after november 2014 . try to save your marriage in the meantime
K.K.Ganguly
(Expert) 06 August 2014
1.It appears that your marriage did not click from the very begining otherwise such type of problem would not have arisen,
2. When both of you want divorce, wait for one year of marriage/seperation after which file a mutual consent divorce petition to terminate this relationship.
radhika
(Querist) 06 August 2014
Ya, there were problems from the beginning of the relationship.In mutual consent can i get my dowry articles and money back??
Is this incident of Domestic violence enough evidence to file a divorce?
Sudhir Kumar, Advocate
(Expert) 07 August 2014
In mutual consent can i get my dowry articles and money back??
Ans : Yes.
Is this incident of Domestic violence enough evidence to file a divorce?
Ans :Let mutual divorce be tried
V R SHROFF
(Expert) 07 August 2014
In mutual consent can i get my dowry articles and money back??
Ans : YOUR consent terms decide
Is this incident of Domestic violence enough evidence to file a divorce?
Ans :if MCD ; no need for further Evidence..
K.K.Ganguly
(Expert) 07 August 2014
1. MCD will be on agreed terms wherein you can not only get back your dowry but also can much mnore towards compensation,
2. Evicence of all his acts of cruelty can be used for filing Divorce petition,
3. However, in MCD, you do not have to accuse any body. It will be a mutual consent divorce.
Sudhir Kumar, Advocate
(Expert) 07 August 2014
You are in Delhi. CAW office is half a Km walk (no turning) from ring road bus stand of Nanankpura Gurudwara.
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
Giving up the employment for domestic trivial issues is as foolish as anything. The employment will be the only pillar on which you can lean upon always and not on your spouse under the given situations. I agree that the difference of opinions between you both will crop up, develop and subside if there arises a situation for that, but if the ego prevails, there are less chances for any conducive situation and amicable solutions thereon. This will continue for ever. However, in my opinion, you may defer the idea of any legal recourse on this issue for the present, wait patiently watching the development for another 3 to 6 months period, if situation does not improve, you consult a lawyer and take his further advise for next course of legal action including divorce.
Biswanath Roy
(Expert) 11 August 2014
Marriage is a sacred unification of two lives before Agni, Narayan Shila, Priest and Relatives and friends in the society. At the time of marriage both husband and wife take some oath for their respective duties to each other. There are big differences in between married life and unmarried life. Married life needs some sacrifice of self and ego. Look at your Parents and minutely watch their respective behaviour and attitude to each other. Why they are not running after Divorce as you are thinking? Introspection can give you reply. Take help of both side elderly person to solve this problem. This is my advice.
radhika
(Querist) 19 October 2014
Further in the stated case, I waited for six months after the fight and afterwards filed 498A agianst him. After hearing from the police, he called us up for mutual settlement. Orally the mutual settlement has been done and we have now to file the case under section 13B. My marriage was on 13th Nov 2013.One year has not been completed.
Queries:
1. Can 13B be filed before 1 year of marriage??
2. Should I continue the 498A case till the final Divorce?
3.If my husband does not come on the second hearing of Mutual divorce, Will it be extended and if yes, upto when??
4.Can he convert the 13B case to 13A after filing the petition for 13B?
radhika
(Querist) 19 October 2014
If I get back my money back under settlement, and the 498A case is closed after the mutual agreement done, can he deny to do mutual divorce after that?
and what can be done by me so that he cannot get away from the mutual divorce?
Sudhir Kumar, Advocate
(Expert) 19 October 2014
"If I get back my money back under settlement, and the 498A case is closed after the mutual agreement done, can he deny to do mutual divorce after that?
and what can be done by me so that he cannot get away from the mutual divorce? "
This forum does not help in deception.
If you want to reduce misery of life ample advise has been given
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
For divorce under mutual consent, the separation period should be more than one year and the one year period is not from the date of marriage. Therefore you were advised to wait for the time to pass on so that if there is no reconciliation, atleast you can decide about legal separation of either judicial separation or divorce under mutual consent. Consult your lawyer, discuss the issues at length and then decide about it.
Devajyoti Barman
(Expert) 20 October 2014
1. No
2.yes
3. yes for further one year
4.no, he can not.
radhika
(Querist) 20 October 2014
He has not been arrested under 498A, before that the mutual agreement has been done. The police is after us to arrest my husband, but as mutual agreement has been done orally we have told them to wait. But after the mutual agreement in written is done , shall we have to present the agreement to police so that they do not proceed further??
V R SHROFF
(Expert) 20 October 2014
YES, POLICE WILL DEMAND . Or insist to proceed 498[ Police duty bound to take action on 498 comp]
K.K.Ganguly
(Expert) 20 October 2014
1. No. However, thre are only few days left to cover 1 year of marriage. You shall also have to show seperated for one year,
2. Yes. You can mention in the said MCD that all pending cases will be withdrawn after obtaining the decree of divorce,
3. Yes, it will be exrended upto 18 months from the date of filing after which it will be rejected,
4. No, he can not.
radhika
(Querist) 08 November 2014
once again Thank you so much all for your advices.
One more query is there, for MCD My husband is saying that the Demand draft of agreed amount he will present in court, he will nt give directly to us, is it advisable to agree to him? whether i will get the DD after final decree or court will give it to me now??
and the jewelry he will give after the final decree, in the agreement he will mention so.
i have insisted to give them now only but he does not agree to that.
pls suggest me what shud I do.
I will be highly thankful to you.
K.K.Ganguly
(Expert) 08 November 2014
1. Your husband's proposal appears to be dicy,
2. What will you do if he does not handover the DD or the jewelry after gettintg the decree of divorce?
3.So, do not take risk and ask him to handover every agreed thing at the Court otherwise you do not appear during the 2nd motion,
4. There are several such incidences where the husband did not pay the balance amount after getting divorce or he wife did not appear for the b2nd mothion after getting full compensation,
5. So, there should be a compromise for which you should appear at the Court and he should handover your receivables just before your case is xalled for hearing.
radhika
(Querist) 20 May 2015
Hello
I filed the case under 13b but as the separation date was mentioned in the mutual agreement, the court rejected it saying that the separation should of of more than a year not the marriage.At that moment, we did not appeal in the High court as only 2-3 months were left.Then my husband has come again and he is not ready to pay the earlier agreed amount. He is insisting on lesser money. then also we have agreed. Now he wants to get the divorce wihout giving any money.
What should I do now???
As I am working, is it possible that he can ask the court to give divorce wihout any money?
can I file a case against him for forgery as he is not paying the agreed amount although he signed the docs and closed 498A on the basis of the mutual agreement??
As I also filed Domestic Violence Case which is not yet closed, Can I get the alimony after the mutual divorce??
T. Kalaiselvan, Advocate
(Expert) 20 May 2015
Now you do not go for consent divorce and if he is filing a divorce on other grounds you can challenge that. You cannot file a forgery case against him without he having forged your signature or you have sufficient evidence to prove his act of forgery against you. Whether your 498A case has been disposed?
Continue the DV case till such time the other matters are decided.
radhika
(Querist) 20 May 2015
Thanks Sir for ur advice.
498A has been closed on grounds that we are having mutual agreement.
On what other grounds can he file divorce?
Biswanath Roy
(Expert) 20 May 2015
It will be shocking to all Hindus if RADHIKA prefers divorce. It will hurt their religious sentiment. So better try to make a suitable adjustment.
