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Aman (Senior Lead)     06 October 2009

Divorce Notice

 Hi my wife is telling me that she is sending notice for divorce , and it seems she wants divorce soon. But I am not sure then why she is sending notice. Fastest way I know is through mutual consent.

Is notice necessary for mutual consent also?

2. I don't trust her family , as she and other mother is ruling the show and she wants no elder medidation as she is sure she wants divorce. I am not working at present whether she is having a nice high paying job.

Can she file DV? I don't want to give to any of there demands and in no hurry to give divorce. 

Also there is a property under construction under my parent's namewhere she never lived obviously , can she claim a part of it?

Thanking you a lot in advance.



Learning

 7 Replies

Vikas Dharmendra (Consultant)     06 October 2009

Ask her the reason for divorce??,

Now a days it is becoming common, some girls have very high expectation from their husbands and if they doesn't fulfill they becomes mad and runaway from relationship, becasue they don't understands family values.

Aman (Senior Lead)     06 October 2009

 Well , it is def greed . She is doing good , staying in my house ,using my car and no responcibilities.

Now I am not sure she will give me any reason for divorce , she will just say , wait for the notice.

But I somehow thinking to take bull by its horns now and face whatever happens , like taking my car etc..

vinay behl (liasioning)     07 October 2009

u should go and contest the divorce with your Ld councel

Suchitra. S (Advocate)     07 October 2009

Aman,

As Mr.Vikas said, it is always better to resolve the differences before going fro divorce. If you people decide to get divorce then, it is better to file wid mutual consent. But i tell u, it is better for u to file case for divorce before she does it, coz, it will help you incase she files a case under DVAct.

Aman (Senior Lead)     07 October 2009

 Thanks Suchitra , I know this and tried to make her understand , but she is doing good you know and her mother supporting her , she is not even willing for elders meditation.

In fact I am also not interested in staying with her at all. 

I have heard , if I guy files a case for divorce , his case might become weak if he is not having solid reason and I cannot think of a solid reason at present (she is living in my home , not deserted , so can't file for RCR also ).

And it is she who is saying she needs divorce asap , and I am not willing to give it until it is at my terms.She told me she is sending the notice.

So what could be the best way for me to do it.

 

Suchitra. S (Advocate)     07 October 2009

Aman, I understand your concern. If the marriage is not working and if she sends u a notice fr divorce, u cn convince her to hv a divorceof mutual consent as it is a speedy method. Till then, dont worry. Ur case will be weak as u sd, if u file a divorce case now. I thought dt as a safer side if she files a DV case. But, dnt worry, even if she files a DV case, u cn defend urself with a good lawyer. There are 98% acquittals under DV Act cases wch are filed frivolously by women. That Act is like legal terrorism fr men.

Aman (Senior Lead)     07 October 2009

 Yes and I know this. Nyway I have to be prepared to face anything. 

But now one thing is sure , I am feeling dejecte , coz I lost my job and a wonderful oppurtinity to make someone else life wonderful.. I am thinking to go full fledged in that , and take my car , other things back and let them fight and claim back. It is like I am paying maintaince to her , that too without any cases and if she fights in the court , 90% she won't get anything as she can't leave her job. 

I just want to teach her and her mother a lesson


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