Amrutha (Sr Manager) 26 July 2013

Filing divorce in other city

Hallo,

I got married in 1999 @ Kolkata. From 2003 I left my husband's house and started staying with my parents because non adjustment. My husband somehow agreed to stay with me but never kept his clothes there and used to come sometime to spend a night or two. Never stayed for at a strech of a fortnight. From 2008 onwards we stopped staying together and co-habit. in 2011 I got a job in Bangalore and moved. I want to remarry and asked for a divorce. He, influenced by my parents denied to give me a divorce as my parents as well as he will lose social respect. I dont want to bring any alligation against him, nor looking for compensation or maintainance but want a divorce. Since am located in Bangalore, can I file a case over here? What is the procedure? How much time it will take? Can I have a contest free one sided divorce. He does not take my call to discuss this matter. I have no wish to stay with him any more and dont want to drag this dead marriage. I will be grateful to all for co-operation.

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5 Replies

M.Sheik Mohammed Ali (advocate) 26 July 2013

yes, you can file divorce case an individiualy from bangalore,

have you residental proof of ration card, voter id

if yes you can file divorce petition on blr.

Amrutha (Sr Manager) 26 July 2013

I dont have ration card or Voter card here. I have only my rental agreement as residential proof. Can I have an one sided decree for divorce?

adv.raghavan (Advocate,9444674980) 26 July 2013

yes u can file it in bangalore under section 13(B) of HMA 1955, for mutal divorce, as u have very little post divorce expections, what about u husband will he accept for MCP to be filed, as u said he and ur parents are not willing to go for this.if he is not willing for MCP it will be a long pending ligitation.

Amrutha (Sr Manager) 26 July 2013

Ok, I understand if my husband do not agree for MCP it will be a long term process. But when for last 6 years we are not co-habiting neither have any verbal term in that case why should I suffer from this mental pressure of carrying this useless relationship.

They are unwilling to go for divorce because they are too concious of their social status. Is it logic? Then the law should support honour killeng also.It was a love marriage. My parents did not chose him for me. I am 38 and he is 45. we have no children. Dont I have any right to live my own life. He never taken any responsibility of mine. I was working from the very beginning. Neither he bought any asset, ornaments, insurance for me when we were together.

Am frustrated now. Please help me with some positive solution.

(Guest)

Dear mam,

It's good to hear from you that you have realized you marriage as dead marriage and need to come out from this social estrangled and nothing else.

See as a woman you have more laws than a men. Since your marriage been a constant halt and stopages and in these years you have not a child too.

Better hire a local gud lawyer from your side.Write your all points and suffocation in one pettition and choose out the worst points which can be put forward in front of the court.So,as the judge may can't overcome your suffering.

If he is not interested in MCD even after you are not keen on his assets and money.Then simply tell him I can't live with him anymore as this marriage is like a dead body which is kept in preservance for the sake of society.Better you give me divorce or else iam going to contest.Now do what above stated.

Being a suffocated women on this there are few judgements where divorce been given to women due to suffering in her domestic life as husband and wife.

If you have come up with mind to take divorce then go ahead and file contested divorce petition with striking points and file it in your place where you are residing.Moreover he will come on MCD after some years.

Very few genuine womens are there who are really for their life instead of money.

Regards,

A sufferer......