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Karan (Engineer)     15 May 2014

Advise for next coa to get divorce

hi experts,

125 case filed by my wife in Feb-14.

I filed kid's custody & divorce on grounds on mental cruenlty in Apr-14.

She dicerted me in Aug-13 & since Dec-13 insisting me to unite on her terms. she is a vamp using my innocent daughter. I don't want to unite.

I am looking to get divorce as we don't share good bond & she is always using my kid to harrass me.

Please guide for further action as as per last chatting with her I get to know that she is not going to give me MCD & also custody of child. I want to know on what gorunds I can win both custody & divorce. I would be in great relief if I get either one.



Learning

 5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     15 May 2014

You have not given detail facts of your case....

Karan (Engineer)     15 May 2014

We always had quarrel between us due to my wife's behaviour. she is lazy, greedy & devoted to her family only. She fights with my family whenever go for 2-3 days at my native place. even she fights with me for getting money. She asks for money for routine home expense but neven ready to give me details. due to regular cold war between us she decided to stay at her home. Her intention was to screw me by deserting my daughter from me. She has done earlier too. Whenever she wanted something from me she pushes & some times she black mailed me by giving threat of suiside. So due to all such behaviours I have surrendered after 6 years of marriage as this time around I have made up my mide & strong heart to get rid of her. After Aug-13 when she deserted I never contacted her. Me & my parents received calls from CAW cell in Dec-13 to appear in Mahila thana as my wife filed complaint against me & family mentioning dowry allegations. After our statements recorded by IO we didn't received anything from CAW. (Q1 - should I try to get RTI copy, which will help me in divorce case).

In Feb-14, My wife filed 125 case against me, I appeared in Mar-14 & concelling took place. She mentioned my false salary in her complaint & expecting court to arrange 50K / month maintenance from me.

In Apr-14, I filed for 125 reply, along with custody case for my 3 years daughter.

In last week I filed divorce case on the basis of mental cruenlty. she doesn't respect me or my family. not fulfilling conjugal duties. refusal from s*x. scold my innocent daughter for her comfort. pressurises every now & than to agree to her demands else takes my baby away from me. she is/has given extream curse to me & my family by desrting from daughter, using her for self greed. I tried my best to educate her, but didnot work.

I am looking to save my kid's life & mine from her. but in last discussion with her she is insisting to unite on her terms else asking me to continue to suffer by being alone without divorce & without kid.

I want to win my cases so need ur suggestions.

Laxmi Kant Joshi (Advocate )     15 May 2014

Karan pl.give some detail have you any evidence which proves that she had twice deserted you why and for how many days , what sort of cruelty she had done upon you , did you ever tried to solve the matter with her by taking help of your elders , what reactions of your in- laws , pl.keep collecting proofs of her cruelty with you and then file divorce u/s 13(1)(i-a) of hindu marriage act on the ground of cruelty, what is the age of your baby ? are you Mr.karan singh Bhist .

Karan (Engineer)     15 May 2014

Hi LKJ sir, My baby is 3 years old. After my marriage in last 6 years we had to sit twice every year with elders but wife's family supports her in her acts. They don't respect our customs so my family. They expects to keep wife away from my family. I work in private company & hardly visits tonative place . Still wife was not ccooperating. She deserted me, i hv proof. Later she filed false complaint in mahila thana. Caused for great curse. This is an act of cruelty against me & my family members. So I hv filed divorce already. In June we will be appearing first on that. What will be way fwd. Pl suggest

Laxmi Kant Joshi (Advocate )     15 May 2014

At the time of evidence exhibit all the documentary and electronic evidence before the court of her cruelty and desertion , proof of your efforts to solve your problem and to bring her back , since your baby is too small she needs her mother ,because mothers feeds them her milk court kept all these points in his mind and mostly court gives custody of below 5 years kids to their mother .

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