LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divorce

Page no : 2

Need Justice (manager)     16 May 2013

Dear Chandrashekhar Sir,

 

Earlier she used to say that she want divorce but now she is saying i will stay with you only and will live like her own wish only, they have alredy betrayed me regarding her education , now slowly and gradually iam started losing my mental level because of her bahavr, kindly suggest me what i can do step by step to take divorce with her, iam ready to pay maintainence as per the expenditure occured during marraiage, she is having all the jwelry which we have given to her.

Kindly do the needful sir.....

priya (teacher)     16 May 2013

Deperately need some help,

1.My husband and I got married in the year 2010 november..love marriage. 

2. My mother inlaw stay with us and the house is also in her name.

3. My husband earns well.

4. i work as a teacher.

5. Have a 9 month old daughter.

Things are not fine between my husband and me since the time my daughter was born, he doesnt even give her time. I have a maid servant whom I pay to look afte my daughter when i go to work under my mother inlaws supervision. once I am back my daughter is with me. 

we sleep in different rooms, and i even over heard my husband na dmy mother inlaw making fun of me.

I am under lot of stress he blames me for being rude, but first drags me to the wall. I told him if things are not ok between us since over 6 months we need to seperate, he agrees.. Now if I  file for a divorce..I want maintenance for my child..as till date he used to spend all my salary and save his in my account..stating its our money, recenetly told me what ever I have in banks is all his money..

1.How to go about my divorce procedure

2. custody of my child.

3. upkeep of my child and myself.

please need ur suggestions and guidance.

Anjuru Chandra Sekhar (Advocate )     17 May 2013

Complain to her parents and try to get their support.  If they talk against you, tell them to take her home for sometime so that you can live in peace.  Even after that if they do not respond file for judicial separation on the ground that the marital relationship is strained hence kindly allow judicial separation for some period so that we can sit in isolation and decide whether we can continue with marital relationship or not.  Narrate the circumstances and convey to the court that you are all extremely scared with her and her family members that she might invoke 498A against them anytime and hence you are not having peace of mind at home with that fear.  Also convey in the petition that she is provoking you to enter into conflicts and in this situation you are not in a position to feel safe to stay along with her with the fear of her landing up in police station and lodging complaints under 498A and bringing disrepute to family by making you and your family members arrested by police.

Anjuru Chandra Sekhar (Advocate )     17 May 2013

Convey to court in the same petition that you are ready to pay maintenance to her during the period of separation whatever the court declares as amount of her eligibility.  You need this time of judicial separation to refresh your mind and also let her ruminate on her follies.

Need Justice (manager)     17 May 2013

Thanks for ur valuable suggestion chndrashekar sir,

One more query iam having that we had adultry only once that to forcefully long back ago as everybody is raising figure on me after that we dont have any relation as such till date, when ever i asked her about her education and the reason behind why she & her parent betrayed us, she replied only one thing i dont know the reason & "poori zindagi aise hi ragegi kya" i.e. she is spoiling every thng and blaming on me only that iam doing this that why iam afraid off to continue this becoz iam jst 25 years old and want to live good life as i & my family has struggled a lot in the past for better life.

Sir kindly tell me some strong ground on the above points & what will be the suitable time & effective procedure to get rid off her...

Eagerluy w8tng for your valuable suggestions.

Thanks

Need Justice (manager)     17 May 2013

One more thing sir they are completely in support of her daughter, they have raised fingure on me that i may be having some afair thats why iam doing this and she also told me once that you go and sleep with some other girl after that she said sorry becoz of family pressure but this shoes her mentallity at the time of first night also she told this that she is not ready to have a adultry for 2-3 years.

Kindly guide me what will be my ground on the above 5-6 points

Tajobsindia (Senior Partner )     17 May 2013

For first @ Author of thread post

1. You are forgetting that initially you were agitating of her education - working etc. and later getting influenced by MCD and financial wizardry. In my opinion it will not bring in relief to you as dreamt if plain vanilla MCD - maintenance wizardry worked out without a strong first mover case. Hence;

2. You should pay attention to @ Amol Chouble’s sound advice since your marriage is not yet 1 year old hence first file a case under S. 415 r/w S. 417 IPC citing education - working condition frauds r/w not enough s*x in marriage which co-jointly talks of fraud r/w cruelty in your marriage. The wordings in suit matter should be discussed thoroughly with a hired advocate whom one can found via reference.
Reasoning: If you go back to page 1 of your post you mentioned to us like you had certain conditions set for a marriage i.e. educated and working lady required and marriage took place under fraud (misinformation) and had you known before that such conditions to be missing you would not have given consent to the marriage and secondly the impossible condition put later by wife i.e. not to ‘consummate’ marriage for next 2-3 years wherein you have to state firmly no consummation after discovery of fraud took place between couples and since not enough s*x in marriage it is cruelty to young couples for addendum fact a spouse may tend to condone the conditions of education etal if s*x provided at resonable intervals in marital life but that was also missing is it not right to say so reading down your brief and recently few HC’s have granted husbands prayer due to almost negligible s*x in young marriages of couples. Now, let her say she was educated and worked since birth and consummated daily 2-3 times her marriage etc. The moment such allegations put in suit matter family court seeing marriage young will send parties for mediation again and again and there you keep constant dig in your stand but side by side show inclination for mutual consent with zero alimony as you have high chances for success provided above application put in very soon.

3. In family law matters when such first mover advantage taken by husbands it is obvious wife’s side goes for 'counter blast' as they have to show to society they keep that she is inncoent spouse amidst all these ! I am not sure if your wife / her side will or will not take counter blast and even if so then same can be shown as 'counter blast' due to you filing above advised case first and easily AB or Bail for self / family can be availed of. Just thinking that she will do this and that one should not loose sight of better grounds available to first mover spouse where actual purpose to end all thsse via MCD route is also solved instea dof filing MCD first go or above para advice first.

For second queriest @ Author in same thread post

1. I see in your query incompatibility - cordiality gap widening since just after childbirth and for the same it is better to seek help of marriage counselor than opt in for divorce / maintenance.

2. For seeking such help you may file application in family court for Judicial separation and the moment one files such application in reference facts case the family court feels duty bound to send couples jointly for number of marriage counseling sessions.

3. See if such marriage counseling works for a better tomorrow and a marriage gets saved due to fact the childbirth is very recent and roaming in various court corridors is not advisable for a young working mother and after childbirth many husbands loose interests in their wife vis-a-vis young mothers also undergo harmonal changes which colly put are also no as such grounds for seeking divorce. It is nature playing its course for genders simply put that way. 

4. Failing which one may still press for judicial separation and maintenance for minor which will be decided on co-extensive (jointly paid by working parents in proportion) formula and you may not get maintenance as you are shown to be a working lady.

5. Regarding your and his money clubbed and put in your account which I think is jointly operated and unilateral household spent and thoughts of my share is more than his or he is saving and forcing me to spend all from mine are some of the daily issues faced by couples which are easily tweaked in marriage counseling sessions as in many similar cases experience says couples gained great amount of insight on better household and personal conjugality management skills. Regarding sleeping in different beds and overhearing MIL whispers – making fun of DIL etc. etc. are all usual gossips filling the air and happens when one who is weaker feels exasperated end of the day handling multi tasking situations such as recent childbirth, lack of copulations between spouses r/w travails of two working spouses egos - compatibilities issues and living under traditional housewife MIL’s watchful – nagging - controlling eyes - leaving newborn in MIL's care as not much choice there etc. etc. are very common irritants for empowered DIL and adjustments needed by all parties and may be MIL should also be involved in one or two marital counseling sessions is my addendum view to your facts.

6. Think about the whole realities you are facing and act then by hiring a advocate found via reference and stick to civil proceedings mostly. Within limitation period after passing Judical seperation decree one may seek Divorce. One can have judicial seperation while living under same roof just like what is currently you both are facing so not big difference except s*x will be barred once such Order gets passed. One may also think of handling post Judicial seperation decree situations if opted for living under same roof as that will give rise to more hostilities. These are some of the greater issues one may face in due course of time hence caution is first advise rest I am sure you will do as yoru heart says for which we work on client instructions based is all one can resonably say for your query:-)

Need Justice (manager)     17 May 2013

Dear TajobsIndia,

 

In 3rd Point as you have mentioned about counter blast, i didnt under stant that 3rd point properly, one thing iam sure about that when i will file about this cruelity & all she & her family members will definatly file 498 against me and my family, as every one knws that everybody mis uses this act, so as i have mentioned all the things happened to me , will that be f9 to me & my family to protect against these fraud case.

ashoksrivastava (scientist)     17 May 2013

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.

Dear Vineet alimony is not about expenditure incurred in marriage Its the price of your freedom from her and from probable false cases as agreed mutually by both of you.Neither having wife is cheap nor not having her is cheap. At the end of it only husband will feel to be the cheapest commodity. 

Regards ASHOK

Need Justice (manager)     18 May 2013

Dear Ashok Sir,

Thnx for the suggestion but what shall i do because day by day life has become hell for me

Need Justice (manager)     21 May 2013

Can some body tell me the difference b/w restitution & divorce.

Tajobsindia (Senior Partner )     21 May 2013

1.    In restitution matters a party seek assistance of Court to restitute marriage (conjugal union rights).  

2.    In divorce matters a party seek assistance of Court to dissolve marriage (end their conjugal union)

Conjugal =
a spouse's so-called social – legal partnership "rights" to the comforts and companionship from his/her other companion; mostly pointing to s*xual relations.

Need Justice (manager)     21 May 2013

Thanks Tajobsindia,

One more query iam having i had a word with one local lawyer regarding my case, he has suggested me for judicial separation on the ground of adultry & cruelity, and once the 1 year of marriage will complete then i can go for divorce,

Can you guide me will it be viable for me and if it is than how i can proceed under which points so that she cannot blame for 498 against me and my family.

 

kindly suggest.

Need Justice (manager)     21 May 2013

 

Thanks Tajobsindia,

One more query iam having i had a word with one local lawyer regarding my case, he has suggested me for judicial separation on the ground of adultry & cruelity, and once the 1 year of marriage will complete then i can go for divorce,

Can you guide me will it be viable for me and if it is than how i can proceed under which points so that she cannot blame for 498 against me and my family.

 

kindly suggest.

Tajobsindia (Senior Partner )     21 May 2013

1. By showing 'exceptional hardships to the petitioner' which flows out from the pleadings in the suit matter under S. 10 HMA the court may come at opinion to grant party decree of JC in reference to context.

2. By showing 'desertion by the respondent for a continuous period of 2 years immediately preceding the presentation of the petition' which flows out from the pleadings in the suit matter under S. 10 HMA the court may come at opinion to grant party decree of JC in reference to context.

3. By showing 'cruelty on part of the respondent' which flows out from the pleadings in the suit matter under S. 10 HMA the court may come at opinion to grant party decree of JC in reference to context. Here wide definitions - grounds under 'cruelty' mentioned under S. 13 HMA and JC are not necessarily to be same.

4. One can seek dissolution of marriage i.e. divorce on grounds of other spouse 'is living in adultery' but same is not recognised as ground to seek JC. I wonder how consulted advocate has advised you to use this as ground for JC? Infact unbiased allegations of 'living in adultery' becomes grounds for a respondent wife to seek 'divorce on mental cruelties' and quite often when allegations of petitioning husband does not substantiate Court may grant JC as 'giving time' to parties to live away from each other and decide if it is worthwhile and may rejoin but here in reference to context you have no such inclination I suppose! May be in this reference your advocate may be referring to use 'adultery of wife' as ground for JC be it so all your briefs in this thread do not point to taking one such ground is my opinion which may be in difference to that of your advocate.  

5. After passing JC Decree one can opt for divorce decree if that party can show that he 'has not resumed cohabitation for two years or more after the passing of a decree for JC' in reference to context.

6. If she retaliates once JC petition filed by you with S. 498a IPC it can more or less be shown as 'counter blast leading to mental cruelties to you’ and same may flow from her allegations paras and summarily I cannot say how it be shown as such are cases when they become part of subjective pleadings.  

7. From your brief the most viable grounds which comes are 'fraud in marriage' and 'exceptional hardship to you on account of not enough s*x in young marriage and constant denial for same by her on flimsy grounds'. The moment such allegations paras are mentioned in a petition more or less Court is bound to grant JC thinking parties to be given time to re-think on their decision. These are outcome based on controlled pleadings flowing from once petition handled by seasoned advocate.

8. Take calculated decision as yours is a very young marriage and sometimes by marriage counseling such marriages also gets saved. Such opportunities during proposed JC proceedings a family Court may allow sending parties to marriage counselors, avail of such opportunities and if marriage is to be saved invest time into it too.

[Last reply]


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register