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tango (counselor )     12 March 2013

How to go about my divorce?

hi friends

i got married in feb2000... i have two daughters... the eldest one who is 13yrs old is living with her father from may 2011 and the youngest one with me till date... i have been living separately from my husband from april 2008 as we had great misunderstandings and was unable to cope with his and his family tortures all the time... during may 2011 my dad passed away so there were lots of problems created from his side and they came barging to my house and took my daughter who had called them up and willingly went but my younger daughter stayed with me itself... i applied for my divorce in june 2011... so far for the hearings he has come once and got exmpted for four times since he is working abroad... he is not willing to give me mutual consent... he is demanding me to give my younger daughter to him then he will grant divorce ... also whatever assets on my name i have to write in his name...  already we both know that we both cannot live any more with each other but he has made a point clear to my family members that till end i must suffer and he will not grant divorce if i don't ply with his conditions....   currently am jobless as due to court hearings i need to appear i am unable to go for my jobs which i have got outside the city i live... i have a great career waiting for me abroad but due to this case i don't know what to do and how to come out of this... i want to get divorce from him and as already my elder daughter choose to live with her father i have no issues... and i want to live in peace with my younger daughter.... there has been no kind of communication from the elder daughter so far after she left with her father....  all i want is how to get my divorce and move ahead of my life to support my younger daughter and live in peace.... kindly advice me or show me the path....



Learning

 11 Replies

Advocate M.Bhadra   12 March 2013

You can approach to the court in absence of your husband  to fixed up ex-parte hearing of the suit and file a petition for custody of your child.

Manish Udar (www.Mehnat.IN)     12 March 2013

You have no option except to fight this divorce case. Many Indian women in your place would foist false 498a charges on the husband to make him grant divorce.

Divorce

vijay (M)     12 March 2013

Very interesting.  The archaic and convoluted laws of India does not even spare women.  Where are the feminists.

@ tango, it is very very difficult to get a contested divorce.  Will ruin your life trying to get it. Best option is to forgive and forget and just go on as if it was all  a bad dream.  How to do it you yourself are the best decision maker.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 March 2013

 

  • Apply for maintenance at the magistrate's court in the district where you live.
  • If you are in doubt, your local court will tell you at which court to apply for maintenance.
  • Go to the relevant court and complete and submit Form A: Application for a maintenance order.
  • In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments.
  • The court will set a date on which you and the person whom you wish to pay maintenance must go to the court.
  • A maintenance officer and an investigator will investigate your claim and look into your circumstances.
  • The court will serve a letter instructing a person to come to court on the person against whom the claim is brought to appear in court on a specific date to discuss the matter.
  • The respondent then has a choice between agreeing to pay the maintenance as claimed, or contesting the matter in court.
  •  
1 Like

(Guest)

Go for MCD as it was your decision to break away from the relationship. It might cost you a bit but thats the only way.

Criminal sections wont help you as you will be tired of getting justice from the system and you have a good career ahead of you. Its nowhere written that only the "man" has to pay the "wife" irrespective of circumstances. In your case, you may have to bargain to compensate your husband as minimum as possible to dismantle the thread. 

Good luck.

Msk-need -nuetral- laws (self)     12 March 2013

Thats how the judiciary works and all NCW instead of pushing for efficient judiciary to provide justice, push parliamnet to amend more men slaughtering laws, whats the point to have more laws and take half the life of a peron to obtain justice in this dormant judiciary system.

Best, MCD.

1 Like

Ranee....... (NA)     12 March 2013

What if you go without divorce decree?He is also in binding because of this marriage.Neither he can force you to co habit with him nor claim maintenance.

Ranee....... (NA)     12 March 2013

Originally posted by : Manish Udar

You have no option except to fight this divorce case. Many Indian women in your place would foist false 498a charges on the husband to make him grant divorce.

Divorce

Hello, Manish Udar

what is your opinion about this greedy husband?

Manish Udar (www.Mehnat.IN)     13 March 2013

Ranee ji, the demand for assets is a sign of greed. Not a nice man. My personal opinion is that this may be considered as a demand for dowry, and the associated refusal to give a divorce may be considered as cruelty. So 498a may be applicable.

IPC 498a

tango (counselor )     13 March 2013

thank you.... yup he wants my assets and the custody of my other daughter if i hand over then he is willing to give divorce... i don't want to file false complaints as i love law and order... infact wanted to be lawyer but my parents made me to study MBA...  i don't want to forgive and forget and go live with him again spending my life meaningless and wasting my efforts...  is there any law via where we can file a petition to show that from april 2008 have be living separately from him in order to get divorce? some tell me that if ur living separately for more than 5 years the court itself will grant divorce... is such statements true?


(Guest)

@tango

Separation is a ground for divorce but in your case, it will be a contested one and that runs for years. Instead of creating a monster out of your husband, approach him to amicably settle the divorce matter.

I dont understand why some woman create criminals out of men. neways this is my last post in this thread.


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