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Rohit Sharma (Director)     13 January 2010

Divorce while living under same roof

I have been married to Vimla for past 12 years and have 2 sons (7 and 1 years) out of wedlock. My elderly parents >60 years with lot of ailments are staying with us.

Since past 3 to 4 years our marriage has turned sour due to lack of trust and respect. Vimla has tried to get in touch with my subordinates through orkut to find out about me, by creating a fake account in one of my friend's name. She was charged under cyber crime also, and was suspened from her job for 3 months (she is working now). She also mistreats with my parents and bad mouth me and my family in the society. She called police in my house recently claiming that I had hit her (though when we went to police station, they asked us to resolve it amongst us). She is instigating the elder son against me and my parents. She is not a good human being.

She does not want to divorce, as she gets all the comforts in my house. But i can't stay with her anymore, and have filed at petition in the court for custody of 2 kids and separation. What is the probalility of that to happen. I understand that divorce may take long time, but can we stay separately?

Please advice, as my parents are sufferring more than me perhaps as they stay in the house 24X7.

Thanks



Learning

 7 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 January 2010

ACTUALLY YOU WANT THAT YOUR WIFE SHOULD NOT STAY WITH YOUR PARENTS,

is it not ? is it the only problem or you want the divorce also. you pray for Judicial seperation, and next step will be divorce. you can get divorce even if yor are staying under the same roof. judgement is there but i could not remember it. any how if i get i shall post it here..Do you want to know the concerned law of judicial seperation & divorce?

Rohit Sharma (Director)     13 January 2010

Hi Arup, Thanks for your response. I want a divorce as well. But as I understand reading some stuff and knowing some people, it is a long drawn process. So to start with a separation will be good. Please help me with the concerned law and any such judgement. Thanks again.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 January 2010

Is there any posibility of mutual divorce? which means huband & wife agreed that they should be seperated according to law; if both the spouses agreed then it is the best among all other process. try it once, talk to your spouse, ask her what should you do under this circumstances. if she agreed then mutual divorce is possible. if she linient to you, then try to find solution, if it is failed then come here for further help.

any how concerned law quoted here.

 13B. Divorce by mutual consent.

(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that

they have been living separately for a period of one year or more,

that they have not been able to live together and

that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that

a marriage has been solemnized and

that the averments in the petition are true,

pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree

10. Judicial separation.

(1)Either patty to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and,

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

13A. Alternate relief in divorce proceedings.

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse ; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

 

Hardik Mehta (Family Counsellor)     13 January 2010

Rohit,

To the best of my understanding, this is not the case of the divorce as the grounds of cruelty is not established. I would still suggest you to save the marriage, for your sons. Go for the counselling and the things might turn towards your side. If still the things do not happen, then you can take the legal actions further.

 

In addition, i would suggest you to record all the conversations of bad mouth so that the cruelty can be proved, if you want the divorce in future or to defend any of the false cases.

Rohit Sharma (Director)     19 January 2010

I did try to have on the mututal consent, but she was not willing to do the same. She wants me and my parents to be out of the house.

Rohit Sharma (Director)     20 January 2010

She claims that she wants to stay with me, but she does not bother to respect my parents or me for that matter. She earns more than Rs 30K and does not spend a penny on the household expenses. Do I have to pay for her legal fees even if she is capable of paying??

Please help me as I am running tight financially.

Rohit Sharma (Director)     20 January 2010

I am not able to view the site www.airyourlegalqueries.com


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