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chandrasekkhar (EX-SI)     06 May 2014

Divorce

A love marriage took place before 22yrs against consent of my parents(male).  Working in same Govt office got married and I was on transfers. Hardly after one year, marital problems were started. There the Ship had started drowing into  the water. Jeolousy, Ferociousness, Hatred, uncaring, no talk, irritative, I left my job and doing pvt job staying with my parents. Almost, 20 yrs we were separated unofficially (without  taking Divorce). She stays in other state on transfer. Daughter  (19)stays with in-laws in different state. My doubts are:  (1) How much time it takes in court  for settlement  of case ?? (2) She has to  come here to attend court or I should  go there and file a case against her (  at her posting place)?? (3) She expressed unwillingness for mutual consent, eventhough can I get Divorce without any long suspense?? (4)  100% possibilities are there to get DIVORCE??



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 2 Replies

Tajobsindia (Senior Partner )     07 May 2014

1.    Hopeless case is my opening view.

2.    However if you want a nearby to 100% score then from today start creating evidences such as every third day send a RPAD Letter to wife to cohabit with you, simple 2-3 sentence of love and miss-you and need for cohabitation. Preserve all carbon copy of letters along with RPAD receipts.  

3.    If she does not respond say in next three months then prepare for plain vanilla divorce lawsuit against her either at her ordinary jurisdiction or at your ordinary residence jurisdiction. How are your relations with your adult child? Did you meet any of her growing -up expenses till date?.

4.    Mention all long and short incidences of last 2 plus decades and specifically mention ‘no s*x’ in this marriage of such longitude proportion thus the ground I am taking to seek divorce is under ‘mental cruelties’. It may be guess work that in these 2 plus decades some near once of your side might also have been died, and it may be special knowledge that she may not have even attended their last rites inspite of your pleadings to come and attend too?. Such remorseless of a spouse also comes under ‘mental cruelty’ to another spouse. Suppose if I say that you are forced to cook your own food al these two plus decades due to wife’s ‘desertion’   then will it not come under ‘cruelty’. Likewise the whole gametes of harmonious marital life now discovered to have turned into distant disharmony are all covered into ‘mental cruelty’ read with ‘hint of desertion’ under pleading paras using once personal Laws to seek divorce.

5.    Now sit and draft last 2 plus decades acts of hers into two A4 sheet papers and present yourself to a Advocate found via reference for Chamber discussion and let him use his brains and seek you 100% score.

6.    But do prepare yourself for interim maintenance read with decent alimony as it is long marriage of spouses and also brace yourself for long innings of now ‘seeing – meeting’ deserted wife in various Courts corridors. Well she has to present herself on several occasions that is for sure and not possible that only her advocate will present her versions unilaterally.  

Above are some way out for achieving some score rest you are experienced as two decades experience is something to be told to Court and leave rest on HER (i.e. Court’s) mercy.

If all above are too boring exercise then sweet talk wife on “separation Decree” (which is safe in her current moods as mentioned in your last line) under your personal Laws and after its one year completion if she does not rejoin you then it becomes grounds for divorce and it could be ex-part divorce if she does not attend. Or feel her one more time and may opt for ex part if she is scared at this belated age to face or see Court when child is adult and maybe she fears society………… probe – discover or best meet her quite often in court corridors to know her better this time !   

{Last reply}

chandrasekkhar (EX-SI)     07 May 2014

Sir, on going through your reply I understood that getting Divorce in my case is difficult. I lost two decades, thats not important point for courts consideration? For example even if she comes and stays with me  at this moment, I would not be happy or with peace of mind. Because I cant bear her tortures. She take her own decisions, not bothers to listen my words, so what is the use of staying together and bearing mental agony?? Now,  if she wants to stay and co-operate with me, I am not ready as I am totally frustrated, disgusted and cannot continue with her to lead life. I hate her.  My mind is totally changed. See, if I dont get Divorce, I leave her  like  that,  I dont have proper job and no property. I just uncare her , what she can do?


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