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Surendra (Manager)     06 June 2013

Divorce to my wife

Hi There,

I am not at all happy with my marital relation. Even my wife is not happy with me. We just live under one roof for living and society sake.Now I am vexed with this situation. I want to apply for divorce. And will give away what all my wife wants. And I had one son. I want my son to stay with me. I will take care of him. And she can start a fresh life.

And I really dont know how to start this. Kindly suggest the process, and also let me know if court objects on my son staying with me. She doesnt take proper care of my son, thats my major concern.

 



Learning

 4 Replies


(Guest)

are you living together even now?

Adv k . mahesh (advocate)     06 June 2013

very interesting staying under one roof and you want divorce go ahead and file meet a senior lawyer who will project a very good affidavit for you and also get you the requiried divorce but it takes some time 

1. why only vexed is the answer no other problem

2. about son will go to her mother custody and you have to pay some alimoney (one time settlement) 

3. if she is also intrested then go fo mutual consent divorce which is fast and less then one year you will get divorce

4.if any property then she will get share in that also 

Tajobsindia (Senior Partner )     06 June 2013

In such brief's situations my Re. 1/- to begin with are as follows;

1.Search for an advocate via reference and/or find one from vast LCI Lawyers database herein and after all due diligence appoint h/er services for eventual court processes.
2.Talk to your wife and agree to part each others company on mutually agreed terms keeping in view custody involvemnt of a minor and one time alimony payments.
3. For custody; I don’t know age of minor but assuming he is minor talk to wife on 'shared custody.' Look for some very old postings on 'shared custody' concept to understand it better, then come here to ask more questions related to same. Well, if she is not interested in 'shared custody' then seek mutual agreement on one parent having physical custody of minor and the non- custodial parent having un-restricted visitation on such and such mutually agreed timings - events.
Keeping custody of minor is more often contested case matter and not granted for long at whims and fancies of one parent alone of either gender based on such facts and probable proving the same in a court of Law in most obvious procedural situations such as this query matter explained in minimal ways. It is the natural mother who objects natural father’s keeping custody of minor most often as is viewed by pleaders in Court r/w general parents in brush with custody laws hence Court is involved to do justice as per material facts and eventually one parent always comes out dejected in such due process.
4. For alimony; I don’t know couples status but assuming the other person being housewife yet basic educated then visualize at her re-marriage chances (basically her re-settlement chances which is what is guessed by courts) and offer reasonable one time alimony which sees her security till that much time which is singularity advice.
On the contrary if it has been mutually agreed that other person will hold physical custody of minor and you will have un-restricted visitations then see the education - living index – inflation blah blah and secure that part too for the minor along with parting alimony for other spouse best interests.
5. Mutual Consent Divorce (MCD) is safest way out from each others based on mutually agreeing from minor's point of view kept pivotal in reference brief's situations. Couples living under same roof MCD is very much possible and physically alienation from joint residence is not necessary condition and only bar is no physical relationship once such petition is on floor of the Court r/w atleast 1 year separation from physical relations among such spouses which if correctly phrased in a petition of MCD then Decree from marriage is granted accordingly.
6. I suggest investing time and energy r/w money on maintaining cordiality and mature discussions to sort among yourself first the idea of divorce failing which involving a neutral mediator having basic understanding of Family Laws and how things work when spouses are thinking to part company and whereas a minor’s interest is also involved. Hence no set formula of printed phrase-wise write-ups could be published here. It all boils down to maturity of spouses handling their own conflict situation – thus find a way to sit across table like two matured peoples yourself which is the scent in the air that I see here for the queriest.
7. If all aforesaid civil cordiality fails then jointly opt for marriage counseling which is due process of Family Courts in referenced legal procedure (MCD) too and strive to become better role model for minor (sake).

rajiv_lodha (zz)     08 June 2013

Best Way out is TALK 2 HER FOR MCD.

Otherwise, u wont get timely contested divorce from nonwilling wife, rather will be troubled with biased IPC sections. So beware b4 taking any step


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