gautam (not disclosed) 23 October 2013

Filing divorce caese - advice needed

hi members,

pls suggest, i want to file a divorce case against my wife, is it better for the new law on irbm to get passed and then decide further action or can i go ahead and file my divorce case anyways

further, how do i collect proofs against my wife (grounds will be mental cruelty). she is not taking the first step and doing things to anger me so as i go and file the case

how can i do recording without the knowledge of my wife

i am planning to go to counselling center, want to know if i can record our discussion with counsellor where we both wll be honest in our discussino

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2 Replies

ram sharma (Software Engineer) 23 October 2013

Hello Brother,

if you have valid ground and proof only then you can file divorce against wife. in India it is very difficult to get divorce specially for husband. and if this IRBM law passed then we left with no option. friend if your matter can be solved amicably solve it. its very difficult in courts as i'm going through same problem. you not only waste money on litigation but also you have to pay to your wife if not working and more importantly wastage of precious time and age. So, its my personal advice try to sort out  by talking to your elders. earlier my wife wants to come back and settle but it was my ego and now situation is that she becomes adamant and don't want to settle instead wants to harass me. Problem was fight between her and my parents and now i'm going through such trauma that everybody is enjoying except me. so better sort out through elders there is nothing in courts except wastage of money and precious time

Prashant Ghai (Advocate) (PrashantGhai.com) 23 October 2013

@Gautam:

If all other methods have failed you think divorce is best possible solution, then I'll highly advice you to talk to your wife about going for a Mutual Consent Divorce. It'll take the least amount of time, money and energy.

If that's not possible, then Contested Divorce is the next obvious solution. You would need to engage an Advocate and discuss your facts and circumstances with him in order to make a good case out of it.

If your car is low on petrol, then you have to go to the petrol pump and get a refill. You are not going to wait for the petrol prices of drop before you refill.