Babu Kumar (SE) 26 June 2017

How to approach dlsa in family disputes?

Hi Experts,

Me and my wife had family disputes and we are living separately from Dec 2016 onwards we had a kid with 1 year old.She filed a false complaint on me in police station, Still the FIR is not registered. Now i am looking for Divorce. I want to approach District Legal Service Authority for settlement. But, I don't know how to approach the DLSA. I here that there mediations will be happened. Now i don't want to take her back ,Because she filed false complaints and spolied my family image. Is there any way to get divorce from DLSA.

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Raveena Kataria (Advocate ) 26 June 2017

DLSA only provides with legal assistance (free in some cases) to people; couples battling with issues in marriage, for instance. They cannot provide you with a divorce decree per se. For that you will have to file a divorce petition before the family court in your district.

If your wife holds back her consent for divorce, then mutual grounds for divorce cannot be used. However, since you say she has filed false cases/complaints against you, the court will deem that as cruelty on part of your wife and may rule in your favor. (Divorce on grounds of cruelty, section 13(1ia) Hindu Marriage Act.)

(Guest)

Originally posted by : Raveena Kataria
	DLSA only provides with legal assistance (free in some cases) to people; couples battling with issues in marriage, for instance. They cannot provide you with a divorce decree per se. For that you will have to file a divorce petition before the family court in your district. If your wife holds back her consent for divorce, then mutual grounds for divorce cannot be used. However, since you say she has filed false cases/complaints against you, the court will deem that as cruelty on part of your wife and may rule in your favor. (Divorce on grounds of cruelty, section 13(1ia) Hindu Marriage Act.)

Fake ID. Dont believe a word of this advice. You will end in more trouble than before.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 28 June 2017

Current divorce procedure is very slow legal system is very corrupted. These even violates adequate livelihood of Indians conferred by Article 21 of Indian Constitution. If you can’t convince her for mutual divorce, then forget her and don’t sue any case on her. Look for another good unmarried woman who really loves you and start live-in relationship ( Marry secretly ) . This is legal if woman is unmarried. Please check my link below for more info.