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RohitSinha (D)     17 September 2012

Divorce after 11 years

I have been married for 11 years.. have a have a 9year child. My wife (is a house wife) and myself are incompatiable and have been frequently fighting. she becomes abusive and curses me and my family number of times. In past she has been leaving house and then I had to bring her back.

 

From last 1.5 months she has moved out from my house and is staying with my daughter in another flat of mine. She has even taken all the furniture and has been withdrawing money from our joint account.

 

she started asking me the maintence as she was staying seperately in that house. I have deposited money in her account but she says it is not enough.

When I ask for mutual divorce she denies and says I should go and do what ever I want as she won'tsign the mutual divorce paper as I would go around and say that she gave me divorce.

Kindly suggest

1) what options i have a to get seperated from her?

2)how can I persue my divorce further?

3) Can i make her leave my other flat which is in my name? the second flat where I stay is coowned but I pay the emi of her

4) Is it mandatory to pay her maintence when she is staying in the other flat of mine and she has enough money in her account

My jurusdiction is Thane Family court.

I am also looking for a consultancy from a divorce lawyer practicing in the thane court.

thanks and Please help



Learning

 2 Replies

Anish Thakur 7018812737 (advocate)     17 September 2012

dear querist ,

you have to proceed in this behalf very carefully and step by step procedure so that she will not file any false case against you regarding domestic voilence and dowry etc, you can file divorce on basis of cruelity.you should make the joint account closed and to start making payments through only her account .against maintenance petition of her ,represent your side by giving evidences about bank statemnts ,your flat documents etc,you can not put your wife out from your house as laws give her full rights for it.many more things to study for this,feel free to call on 9459321520 for detailed advise .

HIRAL THAKKAR (ADVOCATE )     17 September 2012

I fully agree with Mr. Thakur, but since she left you and if you are willing to take back her then file case of restitution of conjugal rights.
 Moreover also keep as much documentry evidence as possible about giving maintainence to her as well as to the child.

 

Also file custody application for the child since she is not working.

 

Best of luck


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