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Riddhi (Sr. HR)     28 September 2012

Help for divorce

Hello,

I need urgent help to file dvorce against my husband. Since Childhood I have seen my Parents fighting n fighting for "n" number of issues. After I came in my last year of graduation, my parents fought too much to find the partner for me. So I decided to find one myself & I married my friend without informing my parents. It was Register marriage in Feb 2007.

My friend loved me before marriage but I never loved him. He was aware about this & the reason why I married him. On informing my parents, they were against it initially but later they accepted. So for my parents & Society my marriage was "Love Marriage" & only I know the truth.

Initially my marriage life was fine, but as years passed we both started to loose interest in our marriage. Daily fights,not talking with each other, family issues etc etc. Today I am the sole person earning & he is not earning anything. We have no kids & no S*X, no social life. My parents are also against divorce coz of Society & my husband is also against as he has earning wife who takes care of all expenses.

I am sick & tired with my marriage life & want to come out of it. Please help me.



Learning

 7 Replies

Tajobsindia (Senior Partner )     28 September 2012

1. Not enough “grounds” to get legal a decree in divorce proceedings unless “skills” of a petition writer read with advocate mediator cometh to parties rescue. Appoint one and discuss as in Chamber meeting with a local advocate of your choice via reference and or search LCI database and perform due diligence to appoint one from here and then take "divorce" stand forward if that is what you resonably wish.

However there are other limited options too worth considering before extreme step finalised:

1.1. Try to talk on lines of "MCD - Mutual Consent Divorce" paying your husband settlement amount and then quickly (i.e. after 90 days of appeal period) get re-married to a person with whom you wish marriage may work with. Introduce that person to your society and carry forward your life in harmony.

1.2 Try to talk on lines of “separation” and yet paying him regularly maintenance. In this mode you are separated legally on papers yet before eyes of society you are still married.

1.3 Desert from bed and board and yet pay maintenance to him. In this mode your life will be lead happyly not to see his face daily, his un-employement status may not pinch you, no s*x with him you will be forced upon, no matrimonial obligations you are required to perform as obligatory.

Maintenance you have to pay bze you are seeking divorce from him with wide open eyes.

1.4 Well if word “maintenance” irks you here then opt for adultery with wide open eyes as in “Live-in” with a person of your choice. Rajasthan HC already said in one of its Judgment that a wife can live-in with another person of her choice in a subsisting marriage and she is not a commodity to be controled by her husband and thus allowed a wife to live-in with her paramour. Also Court cannot prosecute you being his wife under adultery laws as it is only your live-in partner who will feel the heat of any adultery charges if your current husband comes chasing you and he can call you to court as arrayed party that is all he can go against you. You can always change live-in partners if you feel your husband is chasing you too much if that is what it may cometh to as you say you want something which scoiety should not know read with your parents do not want as well as your husband also does not want. [Read this large para no. of times before training your best shots]

So question is where shall a married lady stand among so many no-stands of all related persons in her life against her so called wishes ????

Think aloud as with above paras you have already been shows ways to do it now that you are adult major person!

rahul (director)     28 September 2012

1.1. Try to talk on lines of "MCD - Mutual Consent Divorce" paying your husband settlement amount and then quickly (i.e. after 90 days of appeal period) get re-married to a person with whom you wish marriage may work with. Introduce that person to your society and carry forward your life in harmony.

 

@Tajobsindia

as per law, one can remarry very next day after getting MCD(13B(2)... what is this (i.e. after 90 days of appeal period)?

 

 

Tajobsindia (Senior Partner )     28 September 2012

 

 

Originally posted by : rahul

 

@Tajobsindia

as per law, one can remarry very next day after getting MCD(13B(2)... what is this (i.e. after 90 days of appeal period)? 

 

1. It is what you say. I will never say so.
2. Hon'ble SC does not say so.
3. Search under one of my earlier replies to self read down complete SC Law on asked subject question. It is still here as then reproduced by me.

jagadish (manager)     28 September 2012

hi

My wife is harrassing me ffrom one month of the marriage she wants her say to be honored i have yolerated this from 6 years. if i say anything she will say i will commit suicide . and if i ask her any thing why the house is not clean she will take 2 children and go to hermothers place

please help me to get divorce and good laywer in bangalore


(Guest)

Dear Ridhi

First you have to solve your matter in Mediation. But if not possible to live togather than get divorce on cruelty against Wife and no relation basic.

Riddhi (Sr. HR)     29 September 2012

I dont wish to remarry anyyone, My first Priority is to get divorce & second - that I dont want to stay with my parents. If I go to stay with them, again they will start fignting coz of me & I dont want a fighting life again. i want a peaceful life.

If my husband comes to know that I have filed for divorce, then immediately he will inform my parents & they will never allow me for that.

They dont allow me to stay on rent also, I had tried that in past. Am too depressed, I fell jus sucide may be the only way out.

Tajobsindia (Senior Partner )     29 September 2012

Originally posted by : Riddhi
  I dont wish to remarry anyyone, My first Priority is to get divorce & second - that I dont want to stay with my parents. If I go to stay with them, again they will start fignting coz of me & I dont want a fighting life again. i want a peaceful life.

If my husband comes to know that I have filed for divorce, then immediately he will inform my parents & they will never allow me for that.

They dont allow me to stay on rent also, I had tried that in past. Am too depressed, I fell jus sucide may be the only way out.
 

1. You are now an adult major person, then expand para 1 first reply to your thread and before that hunt down a rented premises for yourself (don't shift but keep it as standby) and on mind disown your parents as via legal papers it is not possible in India to disown once own parents and now wait for the court to decide on your presented “grounds”.
Reasoning:-
A wife cannot be commodity for every one to control her after all she has her own life too! Right !!!


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