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Swayamrudra (Self)     25 January 2017

Help to get divorce

Dear Experts

I had filed the Restitution of Conjugal Rights in the Family Court, and after receiving it my wife filed a case under DV Act at SDJM Court. Till now we both have not submitted our reply in the respective courts. We have 2 children & both are living with me & going to school. Now my parents want to shift the residence & also the schooling to our native place which is 110km from the place where the RCR & DV Act case pending. After shifting the residence I have planned to withdraw the RCR & file Divorce in the District Court, which is at my native place. Should I communicate my wife regarding shifting the residence & also shifting the schooling of my children? If Yes how should I communicate this. If I could not communicate such thing then what legal action she can take against me, which may cause problem to get the divorce.

Thanks for giving attention to my case.



Learning

 5 Replies

A walk alone (-)     25 January 2017

I can't understand after having children why people like you want divorce? Why they dnt think about their own children future after divorce? You both can remarry. What about your children? After children your first responsibility should be your children. Anyways no need to communicate her regarding shifting the residence. Brother dnt spoil your own children future with your own hands. Try to reconcile for children. Court and lawyers only waste time and money in family matters. Family matters can never solve in court.

(Guest)
Originally posted by : Need your help
Dear Experts

I had filed the Restitution of Conjugal Rights in the Family Court, and after receiving it my wife filed a case under DV Act at SDJM Court. Till now we both have not submitted our reply in the respective courts. We have 2 children & both are living with me & going to school. Now my parents want to shift the residence & also the schooling to our native place which is 110km from the place where the RCR & DV Act case pending. After shifting the residence I have planned to withdraw the RCR & file Divorce in the District Court, which is at my native place. Should I communicate my wife regarding shifting the residence & also shifting the schooling of my children? If Yes how should I communicate this. If I could not communicate such thing then what legal action she can take against me, which may cause problem to get the divorce.

Thanks for giving attention to my case.

Yes, you should communicate this to her by way of writing.  Write a letter to her regarding this, send it via registered post acknowledgement due.  In mean time call her and inform her on phone too. Keep call recording handy.

If you dont infomr  her, she will file few cases on you and yo u wil have to spend the rest of your living years in court halls.  Mind it.

Swayamrudra (Self)     26 January 2017

Dear Sir (A walk alone)

I agree on your proposal not to divorce my wife. I am narrating the matter briefly, pls suggest me ahead.

1) After our disturbance my wife alongwith her father & married sister went to my village & defamed our reputation in false charge by gathering our neighbours and without informing us. When I heard this I went to village immediately. In front of our neighbours she denied to return our home & to live with me. There it was decided that 1 son will live with me & another son with her.

2) Then I filed RCR in family court & she received it. She did not reply to the Family Court rather filed time petition regularly. After that she filed DV case in SDJM Court & made party to all our family members even to my married sister & father, who are not connected in any way in our disturbance. The matters described in DV case are totally false. Also she tried to defame my younger sister so that we cant do her marriage. She also calling our relatives on phone and telling false things so as to put our family in trouble. She is doing such things with the influence of one of our neighbour & her parents are cooperating this.

3) Myself alongwith my parents visited her parents sevaral times to sort out the matter but they never paid any attention. They are taking our request as our weakness.

3) My both son dont want to live with her. I am the only son in our family & my old parents are looking after me & my children in very difficult condition. First son is 9+ yrs & 2nd son is 5+ years. So managing them for a long period is difficult without her. She knows this and playing with us accordingly.

Keeping in view the things narrated above I am finding no ways other than filing dovirce. I shall be happy to receive your valuable advice.

Regards

A walk alone (-)     26 January 2017

1) after children no wife left her home without valid reason. You say "After our disturbance my wife" means disturbance between you and her. There might be distrubance since long time. No wife after children take this step all of sudden.Why dnt you ever try to sort out problem in four wall? Before becoming issue so big why don't you try to sort out with the help of elders? 2) your one legal step has spoil your relation. Why you file RCR? If you go any lawyer he will suggest you to file case? Why don't first you take help of marriage counselor before going for legal step? In family matter relationship ends if one move legal step. You take legal step first then she file dv. You both divide your children also. Gud! What a father you are?3) do you think after divorce if you remarry your new wife will look after your children in same way as your first wife? Never brother. Before going for divorce go marriage counselor he can suggest way if any possible to save your marriage. Otherwise your children future will spoil. You yourself will waste time in roaming court for divorce then custody. 4) you say "Myself alongwith my parents visited her parents sevaral times to sort out the matter but they never paid any attention. They are taking our request as our weakness" leave it .give her sometime to decide what she want. You better concentrate on your children future studies. Brother it's very easy to break relationship but it's difficult to maintain relationship. It needs a lot of patience. 5) you say ' My both son dont want to live with her' ? Why brother? No children want to live without mother. Children are like blank paper. They totally believe what you say them. It means you have feed them some bad thing against their mother. After sometime you will realize what you have done with your children. You will realize you have spoil your own children future. After second marriage if happen you will realize what future you have given them.
1 Like

Swayamrudra (Self)     27 January 2017

Dear Sir

Your suggestion on this very good. I will think about it again.

Regards


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