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joseph rod (retired)     19 December 2012

Christian wife wants divorce after 21yrs of marriage

My wife and myself is christian married for last 21 yrs we have 2 daughters 20yr/16yrs old elder daughter in 3rd year engg and younger one in junior college. I am jobless for last one year and financially not sound still managing my family and daughers education with my savings My wife gave me shock by approaching a lawyer for divorce on the ground of cruely as she wants to live independently and live only with my dauhgters and wants to enjoy life  my daughters are brain washed by my wife and they are supporting her. She wants to settle this mutually which i dont agree neither i wanted divorce at this age of my life.  I am having  medical problem  because of diabetes and high BP and my wife doesnt want to take care of me.When i  as working she and mychildren were happy and now they are asking for my house and the saving which i have. t

Kindly suggest what is the way out I am in lot of tension as she is not ready for reconciliation and not geiving food after I give her the hoouse money every month.



Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     19 December 2012

The problem is more economic than legal. 

 

There appears to be some more facts. If you want to divorce wife you did not spell on what grounds.  Further you will have to give maintenance to her despite your sickness.

joseph rod (retired)     19 December 2012

Dear sudhir

I am having financial  problem and not able to find a job.

My fly is fed up looking at me sitting at home and not doing anything Due  to tension my drinks has also increased.

I love my fly and in no circumstances wants divorce. 

stanley (Freedom)     20 December 2012

As you dont want to give her divorce than dont give it and dont even agree for Mutual consent divorce . Nobody can force you for this .Tell your wife to go ahead and approach the court and also tell her that she want get Divorce on flimsy grounds . The grounds for Divorce for christians are Adultery coupled with cruelty .

On whose name is the house Registered if it is registered on your name than you are the owner and have every right to reside in it and they cant throw you out . As she isnt providing food learning cooking and sustain yourself .

Maintanence for your daughters is only upto the age of 18 yrs  as per law . And if your wife is working than you dont have to pay any maintanence . 

joseph rod (retired)     20 December 2012

 

Thank you stanley for your enligtinend reply 

But my wife and children have become very beligerant and they think by not giving to their demand i haven't gone as per their wish they have finally started harassing me by not giving food and that i whould give up. Just six months back all were very happy only when i starteed pointing their behaviour the status has changed. She has approached a lwayer who happen to be a NUn  I met her she is trying to help  me in reconciliation and jto get a J0b.  But my wife wants to approack anohter lawyer in mumbai ( we are from mumbai) I have becoeme a loner aa she says  she has got majority supporter and can put me on the road.

 

PL HELP

Sudhir Kumar, Advocate (Advocate)     20 December 2012

You said "Due  to tension my drinks has also increased."

 

so you will describe the facts on instalement basis.

 

Heartfelt sypathy for your wife andchildren

stanley (Freedom)     21 December 2012

Originally posted by : joseph rod

Thank you stanley for your enligtinend reply 

But my wife and children have become very beligerant and they think by not giving to their demand i haven't gone as per their wish they have finally started harassing me by not giving food and that i whould give up. Just six months back all were very happy only when i starteed pointing their behaviour the status has changed. She has approached a lwayer who happen to be a NUn  I met her she is trying to help  me in reconciliation and jto get a J0b.  But my wife wants to approack anohter lawyer in mumbai ( we are from mumbai) I have becoeme a loner aa she says  she has got majority supporter and can put me on the road.

PL HELP

As you are from Mumbai go for a retreat to Tabor Ashram which is just a short distance from kalyan .  Secondly you may get over your problem of drinks and also when ever possible try going for Mass everyday . You will feel relaxed .

As you say she has approached another lawyer she may try to file a false domestic violence case against you . What ever allegations she levys she has to prove them . Meanwhile start collecting evidence when ever she harasses you . And dont worry she cant throw you out of your own house .

joseph rod (retired)     21 December 2012

Thanks Stanley for your reply.

Just wanted to know if any application is moved for divorce how much time do the court in mumbai takes to send letter to the defendant. 

Also pl suggest some good lawyer in mumbai or Bandra incase i get letter from court.


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