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SREEPADA MADHURI   15 December 2024

Doubt regarding my divorce

Hi..

I have been living separately from my husband from last 1.5yrs. without any communication and I've started divorce proceedings through my lawyer for consented divorce.He had not received the lawyer's notice almost 5 months back.Now suddenly he started contact with me through mediators asking for reconcilation.I've filed for divorce on the grounds of mental cruelty and I am not interesrted in alimony.I just want divorce from him.what should i do?

While talking to mediators there was verbal spat between my parents and the mediators from his side.Now with the recorded conversation they(the mediators) are blackmailing me to reconcile with him otherwise they were saying that they would file for defamation case against my parents.



 13 Replies

T. Kalaiselvan, Advocate (Advocate)     15 December 2024

You just don't be worried about the threats posed by mediators, if they continue to torture you may lodge a criminal complaint against them with local police for the criminal acts of intimidation and threats.

You can ignore the reconciliation efforts taken by your spouse and proceed with the divorce case properly 

Anshu Sharma (LAWFINITY SOLUTI   16 December 2024

It’s important to handle this situation carefully. Given the complexities and threats involved, your best course of action is to consult your lawyer immediately to understand your rights and options. You can reach out for a free consultation at anshu@lawfinitysolutions.com for guidance tailored to your situation

P. Venu (Advocate)     16 December 2024

Are they the Court appointed mediators? If so, you have the option to withdraw from the mediation without assigning any reason.

Tanushka Kohli   19 December 2024

They cannot file any kind of defamation case, if it was Court Mediation. 

Just go ahead with your contested divorce.

SREEPADA MADHURI   27 December 2024

no they are not court appointed...just his relatives trying to medite in between....

Also...while filling application for government jobs i've mentioned my marital status as unmarried as the divorce procedure is still in process...is it going to hamper my chances at later stages of recruitment?

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

This obviously is a suppressioin of facts material for employtment, you may have to face the consequences for making false statement in your application for employment about your marital status. 

SREEPADA MADHURI   24 January 2025

Can I apply for ews certificate based on my father's income while divorce case is still proceeding in court??I am living with my parents from last two years and there is no financial help from my husband.

P. Venu (Advocate)     24 January 2025

You are a married person until the divorce is granted. It is better that an amicble settlement is arrived at so that divorce by mutual consent is possible.

"I've started divorce proceedings through my lawyer for consented divorce.He had not received the lawyer's notice almost 5 months back." The statment is less than convincing. Is it contested divorce or consented divorce?

Yes, it unethical to furnish incorrect information in the application in job application. However, it may not be of much consequence unless you are unlawfully benefitted by such incorrect information.

 

SREEPADA MADHURI   24 January 2025

It is contested divorce

P. Venu (Advocate)     24 January 2025

Once the case has been registered, mediation and counselling is part of the procedure. Take advantage of the steps and try to convince your spouse for a divorce by mutual consent.

Sudhir Kumar, Advocate (Advocate)     25 January 2025

The problem appears to be much beyond your descripttion and it is difficult to agree or disagree with any view expressed above.

 

Somebody is alleging defamation and maintainability or non maintainability of defamation suit/complaint can be commented only know the genesis of defamation. (i) who is defamed(ii) by whom defamed (iii) how defamed (iv) in whose eye defamed (v) whether statement called as defamation is true or not,

 

YOUR SPECIFIC QUESTIONS ARE ATTEMPED AS UNDER.

 

Also...while filling application for government jobs i've mentioned my marital status as unmarried as the divorce procedure is still in process...is it going to hamper my chances at later stages of recruitment?

You are also disclosing facts in piece meal on installment basis. After learned experts have expressed their viw now you are coming up with the fact of wrong marital given for govt job


YES.  You are wrongly showing as single and it can be alleged that you are attempting to get benefits admissible to single lady while you are still a married woman till divorce. You have created a situation that in case there is any reconciliation with husband (YES THAT OCCURS IN MANY CASES) you cannot claim him to be family member. You cannot provide him free medical facility as a spouse of govt servant. You cannot keep him in govt quarter. You cannot nominate him in PF  and other matters.

 

Such action can also be viewed as cruelty by the Court.

 

Can I apply for ews certificate based on my father's income while divorce case is still proceeding in court?

PLANING ONE MORE FRAUD. You are still a married woman till divorce and cannot get ews certificate hiding husband’s income.

 

SREEPADA MADHURI   25 January 2025

No sir....I have not mentioned myself as single to avail any benefits....as divorce is under process I just don't know how to express my marital status and there is no chance of reconciliation..howmuch time it may take my stand is clear which is same for last two years...

And I am not committing any fraud while only mentioning my father's income as from my marriage to till now I am suriving on my father's or my own income only.He had not spent a single penny on me.when I didn't touch a single penny of him why I should I use his income as basis??

 

Sudhir Kumar, Advocate (Advocate)     25 January 2025

Originally posted by : SREEPADA MADHURI
No sir....I have not mentioned myself as single to avail any benefits....as divorce is under process I just don't know how to express my marital status and there is no chance of reconciliation..howmuch time it may take my stand is clear which is same for last two years...
And I am not committing any fraud while only mentioning my father's income as from my marriage to till now I am suriving on my father's or my own income only.He had not spent a single penny on me.when I didn't touch a single penny of him why I should I use his income as basis??
 

You may not have be havingmalafide of fraudulent intention as mentioned yourelf as single while you have not obtaned divorce.  But it is a cae of a "married woman entering service as single " and some rights inservice are better for a single woman.

 

As far as ews certificate is concerned.  Whether your husband has spent or not spent any moey for you the fact remains that he is your husband till there is a divorce. Both of you constitute a family till divoced.


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