Divorce - please suggest

you may get maintanance in monthly basis

Yes, wife is getting maintanance on monthly basis.

But the question is what is the next step husband has to take as he will be loosing the divorce case which he has applied.

u need a legal strategy not advice, consult an expert matri lawyer in person.

yes, need legal strategy, advice, whatever. I know we have many experts in this forum who can provide their expertise.

By now you would have understood that maint is unavoidable.

And you wife is askiing huge amount for divorce otherwise NOT (is it on paper anywhere? Probably it is a backdoor negotiations ...right!)

Has wife claimed any couter relief in her WS? (e.g. divorce/RCR/JS vide sec 23-A as counter relief to respondent , Or RCR as a counterrelief or judicial separation?..... From her say/WS   has she made counter allegations of cruelty/desertion committed by you?)

It depends on it also to some extent.............but one thing is clear that 'one can't take advantage of one's own wrongs'.

It's well known that husbands have to put up a very strong case to win divorce.

You need to elaborate your case and the incidence of factum of separation. Then it may be easy to tell.

Like Mutual consent divorce (as a mandawali technique) , even sec23-A (doctrine of 'recrimination') is also misused and twisted ironically. It's a shame.

@ Author,

Now that you are aware that in Indian Family Law setup if a husband applies for Divorce Courts ask him to 'forget it" and when a wife applies for divorce the same Court says "beti first maint. toh le lo divorce default mei mil jayega balak sey......"


So your most probably a hurried decision to worship a piece of paper from Court you took without stating in a legal forum what are so grave grounds you applied for and how strong are those grounds that you may get divorce on cruelties!


However, all is not lost some options do exists and or they are invented to seek divorce as India is a country of jugad so why seems to be lost man;


1. If the case is simply being dragged and she is enjoying the fruit sof your initiated litigation then approach superior court and seek direction to dispose the main case matter in time bound.


2. If some criminal counter cases are initiated basically for collection of evidences and she is remained as pre-accused status then that may help to speed up the divorce decree. This you need to discover and based on presented briefs hopelessly experts can't spoon feed you on this matter unless some more facts are highlighted.


3. If you are comfortable with life and can’t meet alleged 'huge amount' for settlement then withdraw the divorce case on 'technical grounds with liberty to file fresh' This way the arrears till withdrawal date will be settled first and your case could be shown as withdrawn.


4. With above Para 3 follow up your wife and ask her to re-join matrimonial home. Wait for 1 year if she does not and meanwhile suggestion is to collect silver quality evidences and based on it file fresh an application for seeking divorce with prayer to dispose the case in time bound merits. Here you need to read and understand the various cruelties held decree in divorce cases means acquire knowledge.


5. With above Para 3 alternate suggestion is to pray for referring the case to mediation and before a neutral  mediator show your income and hordings and say if this is not enough then set monthly payments and allow me to sell my kidney. Set this in writing. A husband in Roper has done exactly this and his matter is before P & H High Court as Organs of a husband (offcourse all state subjects least feminists cry at my message and ask me what about their organs man) custody rights rests with STATE. :-)


6. Now if all above paras are too much to ask and or do in practice then simply enjoy life and keep paying maint. and let Law takes its own course why be in tension, give her tension that I applied for divorce yet I can’t live with you nor I will allow you to live with another man but I will give you regularly maint. which anyhow is alternate cheapest option I am left with kar ke sonchaney ka…………Here you are allowed as per existing Law all things as a man pleases / dreams of doing but being in the matrimonial bond is not able to fulfill his fantasies. Don’t blame me for corrupting a snail mind this is what I see around in society in present framework of gender biased Family Law so what is my fault if I speak the same…..


So all above paras mentioned ideas apart all gyan are doable by a husband if he is hell bent to seek some piece of Paper from Court which says 'hey you are divorced.


C'mn man you are invited to come and live in 21st. Century, inspite of knowing grounds of divorce especially 'cruelties' based from husband side infact give a husband as side dish cruelties from Court you are still trying to chase a utopian dream............here I am missing top most Matrimonial Lawyer in the Country to guide you any further, okies will suggest to LCI Admin to invite on board HIM (means GOD)..............


God has give you oh Indian Husband one life enjoy it and look after your old parents and unmarried sister if any and build up a great SIP (systematic investment plan corpse) kitty for your retirement, instead of chasing some piece of Court document called 'decree in divorce proceedings'.  

All the best......

@Jamai Of Law

wife is askiing huge amount for divorce otherwise NOT....like you guessed it is a backdoor negotiations.

wife has not claimed any counter relief like RCR etc but made counter allegations saying she want to join and it is the me who deserted. In reality, she don't want to stay at husband place, instead want her husband to stay separate from his parents. only reason for asking separate is simple...dont want to stay with in-laws and it is her parents who provoked her.

after several attempts failed asking to join back, husband filed divorce on cruelty but not strong case to win.

to explain the case...wife left husband place 6 years back and divorce case is running from 4 years...reason....wife want to stay near her parents house with husband but not at husband's place. dont want to stay with in-laws. husband is paying maintenance asusual.

question - as case is not strong and no money to pay huge money, what should be next step after loosing divorce case in FC.

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@tajobsindia

no strong points to prove cruelty for sure.

for your suggestion point 3----as I can’t meet alleged 'huge amount' for settlement, withdrawal of the divorce case will be option but what is the benefit out of it as I think I still need to pay IM every month even after withdrawal.

for your suggestion point 4----filing fresh application seeking divorce after waiting for 1 year------should apply again on cruelty or it should be on desertion as she left 6 years back and dont want to rejoin....but need to note that it is husband who applied for divorce on cruelty earlier and can apply on desertion in next application? looking for suggestion in this direction.


 

Hello,

I got married in 2006, within one year only my husband had started creating problem with the help of my mother in law, i left my husband's house and filed a complain in human rights and with the help of the human right we comparomised, but now my husband want divorce with the mutual consent he said that he do not want to live with me  cause of his ego issues  and he refused me to come back to his house , i dont have any issue (baby)  and i am indepandent so now i am also ready to take divorce from my husband on the mutual grounds, i dont want anything from i only need mental peace, but now he is demanding that he needs divorce and to give divorce i have to go to his place he lives in luknow.

Can anyone suggest me can i file a prediction of mutual concent divorce alone in my city, will there be any problem if i file a case against him.

Please suggest

Was this all separate house thing got discussed during mediation?

Throw the ball in her court saying the you would arrange to stay separate from your parents and make her comply. If she doesn't then it's cruelty by wive to make the husband make compromises time and again on her unilateral whims and withot being considerate and by being very rigid.

Hello!

As the name goes "MUTUAL", the application cannot be ALONE from ur side in ur city.

Jurisdiction for HMA cases is well defined, ur lawyer may tell it.

I appreciate that u have decided to end the marriage amicable without going 4legal terrorism & extortion.

In MCD, even if u file at his place, there are not much court dates. In most of the cases its 2 or 3 dates in 6 months mandatory period.

So in my view, go ahead with MCD at appropriate place even if its hubby's one.

Thanks for your reply, i am having one querry if i will go to my husband's place he can run away from there cause he always used to play on a safer side  and my father is a heart patient and i dont want to give him any tension,

I have called him and asked to come to my city and then we will file a petition he refused and used abusive lang. is there any way that he is forced to come to my place and file the petition of mutual concent. 

Or should i file a case against him for the divorce

@ Miss sunita

You can appeal the court to transfer the case at your city, because you cannot afford ato go to his place again & again,  as you said your father is a heart patient. So things are difficult. so you can put an appeal application at court for transferring the case at your city.

And i must say you are very good,

All the best

Thanks for your reply komal, I have not louged a case yet, i want him to come to my place. Cause i know if i will go at my husband's place voh sirf aur sirf mujhe pareshan karega. so i dont want to take any risk .

Should i go through human right a lodge a complain.

Please suggest