Divorce

You may file dvorce petition (mutual consent).

For this you need to contact a  local lawyer 

I assume that marriage was held in Dec,2012 (mistakely written as 2013 by you).

Divorce by mutual consent requires a condition that application can be filed after 1 year from the date of  marriage.

I hereby advice you to wait till one year  to complete  and stay seperate.  or now you may file a case u/s 415 against your wife and your in laws for cheating and fraudulently and dishonstly induces you to marry her

Thank you sir for reply yes sir my mistake i have written 2013 instead of 2012, sir i had discussed with her for the same earlier she started with filing a divorce but some one from her home must have guided her for not to do the same, so now she is not ready for divorce, and blaming one or new thing on daily basis, that why iam avoiding to send her to my parents place because i have doubt that she will get a ground to blame my parents that they have torture her and all as she did this one time, sir can you give me some valuable suggestion to me as i dont want her to be in trouble bt now ia hve to see my life i have undergone with lots of torture, some time people used to say that you  are a man you can control her, i have tried my level best to do the same but she become voilent and start shouting which become a very odd situation for me as where iam living all the sub ordinates are near by only iam in very good post, so it feel very owkward some time, iam ready to give maintainence also sir as per the budget of our marriage. 

Kindly guide...

ok sir/madam (need justice) thanks for the suggestion, can you tell me about my chances in the above case as she is not ready for mutual divorce but nw iam unable to reside with her as i have obsrve this as the timeis going faster her blame  is also increasing on me.

Originally posted by : vineet
	ok sir/madam (need justice) thanks for the suggestion, can you tell me about my chances in the above case as she is not ready for mutual divorce but nw iam unable to reside with her as i have obsrve this as the timeis going faster her blame  is also increasing on me.

If she not ready for MCD, then prepare yourself mentally, physically to roam courthalls for the next 5-6 years.

Pay alimony for years together.

Dont want to roam court halls?

Ask her how much she wants?  ie money?

Pay her lumpsum money get rid of the headache.  Be happy.

Not ready to pay her money in lumpsum?

Somehow adjust with her, and live life with her.

All options provided only for your use.

Originally posted by : no pain no gain....
	@helping hand.....very well short and crisp reply!!! like it. sir, what can be done in my case, you already have an idea about my case, wanted to know about the contradictory demands of my wife. she filed RCR, i offered her money during counselling, she says no, i dont want money. i fiiled for divorce, she is contesting the same. Now she filed for 125 and HMA 24. i still offered her money during counselling for 125 case, i told the counsellor too, that i am ready to pay money, now that she has demanded in 125 she says no.....i i am out of my wits, she is asking for money by filing 125 and 24, i am ready to give it. during the couselling she is refusing money...i dont know what is going on in her head...... can you pls advice.....thanks

Please delete this query, and start new thread by same details.

You will get more answers as to how to handle the case.

@helping hand....hi sir, as suggested by you, i have started a new thread with my query....

Dear Helping Hand,

Iam ready to pay as per the expenditure occured during the marriage, we have spended more as compare to them and we have not even demanded for a single rupee all the jewelry are with her only ihve nevr asked for that, the only thing i want to get rid off her so that she stay happy & even i.

Originally posted by : vineet
	Dear Helping Hand, Iam ready to pay as per the expenditure occured during the marriage, we have spended more as compare to them and we have not even demanded for a single rupee all the jewelry are with her only ihve nevr asked for that, the only thing i want to get rid off her so that she stay happy & even i.

You look like Alice in Wonderland as of now.

Agreed that you want to pay back marriage expenditure, but even your lovely wife should be ready to accept just what you want to give.

That wont be the case, but there are such cases too, people part via MCD after getting back what they spent on the marriage, but this is a clear case of legal extortion, if you contest this case, it will go on for years.

Best thing is to put the matter before judge, judge will fix a reasonable amount for you to pay your wife.  For example your wife is asking 10 lacs, and you are able to pay only 3 lac that too after selling off each and everything you have, court looking at whether your lovely wife is working or is able to earn money for herself will fix a reasonable price for your freedom say 4 lac.  These are just assumptions to make you understand how this deal works.

Another example what I would like to give you is, if you contest this case, then you will have to pay some alimony to your wife for the rest of her life until she remarries.  Consider the amount to be paid per month is 4k 

4 x 12 = 48,000 per year

if she does not remarry or just goes in for a livin relationship its another headache for you.

say 48k per year multiplied by 30 years = 1,4,40,000

so what do you say?  Pay her in one shot, whatever amount she asks for or get ready to pay her alimony for the rest of her life?

Welcome to Earth now.

Which one sounds better, decide for yourself.

One shot option is the better one, i just wanna know if you can guide wat will be the pros & cons if i will file a case for divorce with one shot(reasonble) maintainance.

Originally posted by : vineet
	One shot option is the better one, i just wanna know if you can guide wat will be the pros & cons if i will file a case for divorce with one shot(reasonble) maintainance.

First decide on how much you are ready to pay.

Then let them know how much you are willing to pay.

Come to a common ground.

Tell them that the said amount will be paid in one shot in the court on the date of passing the order, one hand give one hand take.  File for MCD first, make a DD for the said amount or pay it in cash.

She take money, you get divorce. 

But make sure that you include the clause that this is a one time payment towards permanent alimony and that she wont claim any alimony in the future.

If she will not ready to give divorce even after ready to give maintaince, then what will be the procedure to take a divorce and what will be my ground to fight with her, becoz she will definatly try to put 498 as every one does

Originally posted by : vineet
	If she will not ready to give divorce even after ready to give maintaince, then what will be the procedure to take a divorce and what will be my ground to fight with her, becoz she will definatly try to put 498 as every one does

Then ghoda hain maidaan hai.. 

You can file for Divorce under Section 13 of Hindu Marriage Act on the ground of cruelty.  For that you have to prepare carefully gathering evidences.  Audio/Video record the way she behaves and talks.  Till Supreme Court or some High Court takes a view that "....such Audo/Video recording shows only one side of story while the other side remains calm and careful/cautious knowing legal implications of rude behavior with other and deliberately provokes other to behave in a desired fashion (hence no admissible in evidence in divorce proceedings)", no problem for you to claim divorce on the grounds of divorce showing those tapes as evidence.  

Or the other option is file for Judicial separation under Hindu Marriage Act.  If court decrees in your favor she has to stay away from you and after one year if the issues are not resolved anyone can file for divorce on the ground that during one year of judicial separation, cohabitation had not taken place.