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kiran (employee)     24 October 2013

Divorce petition

Hi Sir,

 

After few days of marriage my wife deserted, now it is more than 1 1/2 years  she file divorce petition on ground of cruelty and praying court to grant divorce and provide the relief what ever is eligible.

The court hearing is in next month.

Now her lawyer calls me and says to attend court and say these words "I also need divorce or we will compromise by our own", later you both can go to judge and say we are not interested continue marital relationship and pl grant the divorce"  This is the best way of getting divorce.

I asked her to file MCD.

But, her lawyer is telling (as said above) the best and easiest way of getting divorce is divorce contested by girl and if you come to court and ask the judge for divorce then divorce will be granted fast.

Is that correct what ever her lawyer is saying or I am again getting fooled by them - Please suggest me.

 

Thank you

 

 



Learning

 8 Replies

Samir N (General Queries) (Business)     24 October 2013

You are getting fooled. Do not admit to anything.  If she is genuine about this argument, tell her that you will file a cross-petition in the same proceeding, seeking divorce based upon cruelty by her and ask her to admit to it. Either way, you should NOT forget to file a cross-petition on some ground or the other. Most advocates do not even know about this strategy. So, please read on it and go on the attack. If they want something quickly, ask them to admit to your allegations.  


If you admit to her allegations, it will have a material impact on her maintenance applications. Certain types of divorces do not entitle the wife to maintenance, especially cruelty by her...

 

T. Kalaiselvan, Advocate (Advocate)     24 October 2013

Kiran,

If asked by her lawyer, consult your lawyer to file a memo for submitting to the decree as prayed for by her but on the condition of without any allegations and no alimony.  If this condition is agreed upon by the wife, you can proceed with the memo and expedite your divorce proceedings.  There is nothing wrong in it, in fact you will be relieved of the present problems.

K.K.Ganguly (Advocate)     25 October 2013

1. He is right but it is risky,

2. One of my client found that his wife could manage to get ex-parte divorce with in just 75 days of filing the suit without  his being served with any copy of the notice,

3. The Court was District Court at West Bengal & the father of the girl was an advocate himself & a sitting MLA of the ruling party at that time,

4. It was shown to the Court that notice has been served by the husband did not turn up. Though it is very strange but it happened,

5. It is very risky & it could be termed as 'under connivance' & the application rejected by the Court,

6. I suggest you to  go for MCD properly,

7. It will take just few more months but will surely be granted.

 

 

 

 

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2013

Dear Querist

if you also want divorce then MCD will be better but if you don't want then fight the case on merit & prove her case false.

Laxmi Kant Joshi (Advocate )     25 October 2013

1. o.k. you give her divorce by filing the mcd , but made one condition , that she will not claim any maintenance or alimony in future from you .

jagadish (sales manager)     25 October 2013

sir

 

jai from a.p my case is my wife and hes dad fist asked money and house on my wife .and the house is not me its my dad and mom ,so hes  father is x police man

one day the fours me to take my father house but i sad no. and next day 25.02.2013 at 2.30 pm .my wife plan . 15 men is coming to my house and tread to kill me it and the people of next my house call police and the 15 men escape and I joined in hospital for 15 day. I have given a case on 25.02.13

1.      I am in hospital the police filed 498a and dv3/4 on my family and me .

2.      He’s father is a police so the c.i help and people.

3.      In my case is fist 0n 25.02.13

4.      The 498a case is next on 27.02.13

5.      And I jot bail in court

6.      And his father failed a fake case on me today   341,342,506 ipc .

7.      My wife failed maintenance  case on me the court send notice to me.

The men is a weak in court .the true is fist I filed case and next he filed the case but the court is fast step on maintenance and I have my one son at age of 3 ye. Till know I am not seen my son.

 

He is asking to take my case fist. and give he 30lak and house of u dad

 

I wanted to end my life…….so plc help me……………………………………………….

I am wait ……………….for god help……………………………

great india (manager)     25 October 2013

1. you dont need gods help to kill yourself instead take gods help to defend and fight.
2.fight dont run from problems.
3. file private case of attck and life threatening on her dad and others.
4. file defamation, robbery, theft , dacoitey, and attempt to murder case and make police register fir against all.

5. your saassura deserves his taste of venom, govt. servant let him check his section nos. through court orders.

6. he started , you finish, on that terms your lovely wife would then withdraw 498 and other cases and get rid by mcd or whatever you feel at the end.
7. dont be stupid by ending life.....

8. go through all posts in this forum...it helps
 

jagadish (sales manager)     28 October 2013

sir

thank you for help.

1. my case is 448 , 324 ,34 ipc on 25.02.13

 

 

 

Notes: sir I am in hospital for 15 day .

1.      Tha  got bail by showing a am out in hospital

2.      The DR(govt) given fails report I am not injured

3.      I am in same hospital for 15day .

4.      Kin I fail a case on the DR. for giving a fails repost and help the######.and all so police.

 

5.      And my wife is working but he field a maintenance case on me. I have bank stamen with me.

 

6.      What to do sir      



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