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Simhan (manager)     11 December 2014

Domestic violence act

Sir,

my wife made some allegations on me under domestic violence and filled a petition with the DVOfficer.  I gave a reply that the allegations are false and please return back home ?  she is not satisfied and she asked the DVO to file the case in the DV court.    In the meantime i sent a letter to her for a discussion,  she had  written many false allegations and demanded for a huge money of Rs.1lakh per month and Rs. 25 lakhs as a lumpsum aggrevied by this i filed a divorce case against her  can i get a divorce in this case hopefully there are childrens of 9 and 13 years with me and she did not take care of me or the children for the past one year.  childrens are also not willling to go to her.  what are the consequences of this

we got married before 16 years.

can any body reply?

Thanks simhan



Learning

 3 Replies

Adv k . mahesh (advocate)     11 December 2014

on what grounds you have filed divorce you have not mentioned

you can get divorce but takes long time and about payment as she left and she is demanding for settlement means you can talk to her for mutual consent divorce which takes about 8 months with well drafted MCD

about kids you have to file for custody of them with you 


(Guest)

Shabbas.


DIvorce you filed.


Very good.


For a man whose kids are 9 and 13 you could not control your wife is it?  You are above 40 years of age.  By the time you get divorce your first kid will be adult and would be in some job earning money hopefully, and you would be nearing 50 ie 47 or 48 as it takes 7-8 years to get divorced if it is filed by you and  contested by your wife.  In the mean time you should also pay her alimony too.  As kids are with you, you are spared from giving them alimony till the turn 18.


See, DV case will go on for another 6 years, so now that you have filed divorce those two will run parallely.  Filing false DV case against husband amounts to mental cruelty. and when the DV case gets over and you come out of it, you will also get divorce.  If your wife left you on her own accord, then it also amounts to desertion and will help you obtain divorce.  But all this is waste of time.  GO FOR MCD, headache over within 6 months.,


What I suggest is, as you are above 40 and have lived a lengthy period of time with wife and have 2 kids, speak to wife, and bring her back.  Come on, you are not in your late 20s for Christ's sake that I guide you through divorce, you are mature enough to understand the meaning of life,  You are in a age where you should be a role model to other boys and girls, not like this.  GO talk to wife, and convince her to act maturely, if not for sake of society, do it for the sake of your grown up kids. 

Simhan (manager)     11 December 2014

sir,

I have applied for divorce on the ground of mental cruelty, dissertion .  MCD is good but she wants to take revenge on my parents  and me hence i am having a egetive thinkig on MCD.

simhan


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