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Aman (Senior Lead)     05 September 2009

Divorce Notice

 Hi , I was recently laid off from my job . My wife is doing very good in her job. 

There were differences between me and my wife right from day 1 of our marriage. When I was laid off she told me that she is not interested in living together. I convinced her for mutual divorce.

in the mean time , her mother intervened (which she was always kept doing).

I am still paying for all the rent and emis for the car which she is using(thoug I am jobless now).

Now she told me she wants to move to a seperate house. I told her lets get seperate then.

She told me she will and soon her parents will file a case in court and send us a notice.

Now what that notice is going to be and should I prepare to face the notice.

I think they are greedy people and can try to misuse law (which is in favor of women) though she is working well and I have never taken a single penny from her for anything.

 



 



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 9 Replies

BALAJI S N

BALAJI S N (SR MANGER)     05 September 2009

Dear Aman

Pls advise the following:

- whether you marriage is arranged by elders as per Customs or Registered Marriage

- When you got married?

- No elders/parents are not available from your side?

- If you receive any notice, you will be called for counselling by Family court, where you can express your views

Do you need separation from your wife?

Pls advise to guide you further

Thanks/Balaji

 

 

Aman

Aman (Senior Lead)     05 September 2009

 - whether you marriage is arranged by elders as per Customs or Registered Marriage

-Yes it is arranged by elders and it is registered.

- When you got married? - In Oct 2005

- No elders/parents are not available from your side?

   -My father and mother are there and my father invited girl's father to talk also ,but girl's mother supports all her lies and she may brainwash her father and brothers though they know everything about her daughter/sister's nature.

- If you receive any notice, you will be called for counselling by Family court, where you can express your views

  - I am in pune , my parents are in noida and girl's parents are in haryana. So where counselling would be held? 

Do you need separation from your wife? - Yes because she desperately needs it , I tried many times to make things settle in an amicaable way , but no use..

 

Thanka a lot for your comments , I am looking forward to find a way out

krishankmittal

krishankmittal (Retired)     05 September 2009

Pl look into this site for your q

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Kamal Grover

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     06 September 2009

Dear Aman,

As per your views, she is greedy then she will definately file a case under section 498-A of 406 to get her dowry articles back and maintenance etc and will also envolve your parents for harassment. you should prepare for that.

Presently you can prepare so that she may not harass your parents and other family members. plz also provide detail of your family coz in 498-A, all of your family memebers could be arrested by police.

Try to patchup with her else file a case under section 9 of HMA to get her back.

In that case you will be on strong foot.

adv.kamal.grover@gmail.com

Aman

Aman (Senior Lead)     06 September 2009

 Thanks Kamal..

Well she told me she wants to seperate and she is sure , Infact she wants to get married soon after getting away from me. And she is in good job and working well.

So I have been telling them that I am not going to give her divorce as I am in no hurry. If she really files the case , can I do something which becomes a roadbloack in her career. I am not working anywhere at present.

In my family - my parents are there. Mom and dad . dad is working.

Till date her parents told my dad , they will come for common meeting , but they haven't given a call.

What precautions should I take?

 

 

 

Kamal Grover

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     06 September 2009

You can file a case under section 9 of HMA.

Rest coz she want mutual divorce therefore presently she is silent but if she go for cases then it will be very tough for you and your family therefore you can prepeare youself till then.

Regards

William Anderson

William Anderson (Law Student)     12 April 2011

Hi, I understand that to be in the position is very hard particularly if it is about your marriage. For me you should think twice or thrice before doing any actions. The divorce rate here in our country is increasing due to abrupt decisions or actions that has not been thought well. If you need more advices just email me.

lissing perme

lissing perme (unemployed)     14 April 2011

@ krishankmittal

Sirji good wrok!!!

Arif Iqbal

Arif Iqbal (Advocate)     15 April 2011

I agree with Mr. Kamal. You can file a case u/s 9 of the HMA for restitution of your conjugal rights, or at leat you should sent a notice to her, either personally or through your Advocate, asking her to return to your residence. In default of her coming back, you can file the case u/s 9. Prior to that you should prepare yourself for any future litigations...for example you should obtain copies of all such documents which could prove your/your wife's present finacial conditions, your expenses, certificates of dependacies i.e... number of persons depending upon your income, medical documents etc.. of your, your parents', treatments... These things will help you in   future litigation of maintenence etc that could be raiesd by your wife..


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