Separation case
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
First of all I thank Mr Shonee Kapoor, Shailesh Kr.Shah,Mr Nadeem Qureshi for giving right advice from time to time.
My son's judicial separation case was in mediation where finally judge has also told the wife to go for mutual divorce.
She is not ready for divorce.They have not filed any case except for maintenance against us. Staying separate for the last 11 months. They want to fight the case in court.
How much maximuma they can prolong. The girl is follower of Osho.
Our next date for hearing is in Feb 2012
V R SHROFF
(Expert) 19 December 2011
Everybody wants money now a days.
The moment you offer that pleases her, she will file MCD, otherwise not.
They will prolong until you offer.
This is my practical experience.
She don't loose anything, you loose your time. You want divorce, you have to offer.
Deepak Nair
(Expert) 19 December 2011
Hello,
Fighting out a case on merit may take a long time, especially a divorce case for a man, and you may feel harassed.
Dear Shroff Sir, Well said.
Money cannot buy everything, but money can buy a lot of things.
kusum gupta
(Expert) 19 December 2011
they can prolong it for yearts may be to 10 years even.
kusum gupta advocate
ajay sethi
(Expert) 19 December 2011
where are you located ? the time taken for divorce would depnd upon pendency of court cases in your local family court .
if your wife dosent want divorce and it is acontested matter it may take 10 years for you to get divorced .
Raj Kumar Makkad
(Expert) 19 December 2011
It is very difficult to believe upon long and tall claims of some experts that the wife can prolong the present case of maintenance for even 10 years.
I think either such lawyers have not practically contested cases or deliberately do not provide proper advice though it may be bitter for the author to listen as we are not here to appease the author rather to provide a fair and correct advice as per law and legal position mixed with our experience.
The wife in the given case cannot prolong it beyond a period of 2 years if you contest seriously and it can be decided within one year if you do not want to prolong it.
So far as divorce is concerned, it is not your mercy. You cannot go for mutual divorce petition until you convince her, If she is serious to live with you then you should also think over RCR instead of going for divorce as divorce is not the end of matrimonial problems. I have seen divorce becomes a major problem in one's life as everyone has to suffer in that event and wheel of time cannot be taken back at that time.
Reconcile with your wife and again try to lead a happy married life.
Sudhir Kumar, Advocate
(Expert) 20 December 2011
You said that "How much maximuma they can prolong. The girl is follower of Osho" I am unable to see connetivity of both the sentences. Perhaps you have a valid point which you have not expressed or do not want to express on forum.
prabhakar singh
(Expert) 20 December 2011
How much maximuma they can prolong??????????
It can not be predicted correctly as it depends on several things that take course during any litigation.
The girl is follower of Osho.?????What you intended to convey by it,please explain.
Shonee Kapoor
(Expert) 20 December 2011
YOur guess is as good as mine.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
