Need divorce from unfaithful husband

(1). I want divorce from him at the earliest. And if I send divorce notice, he wud contest and apply for RCR.

 

You can straight away file divorce application straight away. Sending divorce notice prior to filing of case is not mandatory. But since you are filing the divorce application within one year from the date of marriage you have to obtain permission from the Court.

 

 

(2). With the above condition, on what basis can I apply for divorce?

 

You can file divorce on the ground of cruelty.  You can also take the plea of adultery, but it is very difficult to prove before the Court of Law.

 

    

(3).  Can I book him under 498A now (after 6 months) and how can I prove that he demanded unacceptable dowry except his relative as evidence for this.

 

You can lodge a police complaint  for dowry harassment and you can prove the same with those people who were at the time of demand was made.  You have not mentioned whether there is an letter/email correspondence between both of you.

 

(4)   Also can I use DV act for compensation / maintenance for spoiling my life.

 

(5)  My requirement is divorce at the earliest and compensation if possible. (My parents spent 3 lakhs for the marriage and my husband didn’t give any money)

 

You can claim maintenance from your husband.  But you have not given details about his nature of work/job and also about your status as to whether you are employed or unemployed etc.

 

(6). Also can I ask divorce on the basis of deserting me within one week after marriage on the grounds of suspecting him impotent?

 

Regarding impotency you have to prove and substantiate the same through medical experts and documentary evidences.

Thanks Mr.PIRAVI PERUMAL Sir for all your excellent answers. And for your queries.. a) No. There is no letter or email correspondence between us. b) Though I am not employed, to get some change I am going to an office as clerk. My husband is employed and has properties like 2 plots and 2 own houses. Thanks again for your immediate replies.

You can sue him u/s 498-A IPC and DVA act.

You can also get maintenance according to his income.

Plz tell us your location also.

Regards
adv.kamal.grover@gmail.com

This girl was not even married for one week to the boy and has eye on his property and is worried about the maintenance amount etc, hey god please bless these Indian girls. In my opinion its high time that we guys stand against them and get the 498A changed. And please lawyers I know its your profession stop telling every girl to file 498A against all boys in divorce cases.

 

Mr.Dsingh,

We know it is tough for guys but there are lots of girls who have been tortured in the hands of her husband and inlaws therefore we have to guide them the way to come out of this cruelty. We dont guide them for our profession, but we are here to provide free guidance and help those girls and we not guide everyone for 498-A.

 Mr Grover,

I used the sentence "Stop advising every girl" and by that I mean please advise case by case. I am not against the law but it should not be misused. It was misused in my case, my family suffered a lot, the girl family was laughing at us and wanted us to pay heavy sum of money to get my family out. 

I used that money on lawyers and cops. The case is still in court instead of being settled down in a day or so. I go through a lot every day but still have the satisfication that I didn't give up to unlawful act.

If we all stand up against the injustice and are not sucked into the corrupt system then we can change the system, if we will abuse the system then the system will abuse us therefore please stop abusing the system. 

Mr.Singh, we are not abusing the system, i have show you the path in your querry also. Law is for the innocent people and if you are innocent then court and we all are with you not to worry but only stoping for proper guidence is not the solution but today system is so much corrupt that 90% cases are being solved by the police authorities after graft and did not get justice. Weak people run here and there even they are innocent. In such situation, we are being the officers of the court and support of law need to implement every law in strictly so that innocent people may not be crushed in the hands of curel people like poilice or politics etc. So the people like Mercy1234 are here and we guide them the right way to get their rights. but whle doing so if you heart then sorry but it is our legal obligation to guide such type of people properly.

Good luck

YES IAM ALSO AGREE WITH THE OPIENON OF SH DS SINGH  SO DEAR YOU SHOLD NOT GIVE ADVICE LIKE THIS

 

Dear Mr.Dsingh sir and Mr.Ashutosh My case is different from what you think. Sorry if i have not expressed the case correctly. Our intention is not money / property / maintenance from my husband. But what does our legal system have in place to contain and stop these criminals who ravage innocent girls life. My entire family is devastated by this guy. Our town is little more than a village and second marriage is considered in the society as something unusual and wrong for girls. And it is clearly known that he has illegal relationship, is mad at money and tortured me mentally. What would you do if this happened to you sister ? Please understand genuine advise seekers like me. My sincere thanks to Mr.Kamal Grover and Mr.Piravi permal sir for their advises.

Mr.Singh and Ashutosh, i think u should have understood now.

Moreover u cannot stop any body for giving a true advise. Nodubt my sympthy is also with mr.singh and want some solution for him but Mr.Ashutosh being an advocate you must keep in mind sections 14,16,19,20 and 21 of contitution of India, while saying any such words to your coleagues.

Plz mind it and think before you write any adverse words or any such words which contains any order.

Thanks.

Ms.Mercy i think u should have understood the solution. If you want any further assistance you may send me PM or SMS at adv.kamal.grover@gmail.com

Regards

See if the problem can be sorted out by discussion. Don't break the line of communication. Litigation is expensive and time consuming, sapping you financially, emotionally and physically. Instead of having the attitude of teaching him a lesson try to come out and start another life as early as possible. Sometimes we are ashamed that we are men. Your plight is disturbing. God Bless you.

Mr.Rajan is right, First you should try for sorting out the problem amicably. Once you will file such cases then it will be very tough to findout the solution or compromise and he will file divorce and once you will be divorced then it will be very tough for you remarry. If the problem did not sortout then file a case of domestic violence act with a prayer that i want to live in his house with security and he will not beat u and give you maintenance per month to run house for both of you.

Regards

yes Mr kamal grover is right in his path as he was asked.....so need not to worry if any one is right he would get justice

Mercy & Advocate Kamal,

Though fully agree with you, can you tell me what is my innocent parents fault. They went to prison because of false, frvioulous allegations after 498A was lodged on them. I lost my job, no means of livelyhood. Spent days in prison, all because my so called Christian wife decided to use the law. In the meantime, she has a great professional life, took 3 post graduate degrees with the money I gave her. Ran away from home with jewellery, 3 lakhs in bonds and my ATM card. Threatened to kill me, and finish off my parents. My life has become a dogs life. So what should I do ? Forget compromise they are extracting a huge amount as maintainance. All in the name of innocent women. This even after I had proofs of most of things. Shitty legal system. Anyways, I only now have beleif in God, that he will do justice. In the whole process my wife & her father became rich, she lives in with her boyfriend, my lawyer became a millionare and I became a pauper. I feel like dying everyday, 1000 times a day for ever having married this women. So gents & Mercy what should I do ?