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BKS PRAKASH (Own Business )     08 January 2016

How to get mutual divorce

There is a prolong conflict with my wife and it’s continue.  Now she stops serving for me but both living in one place without interest.

The reason for conflict is purely egoistic problem and wide support by wife’s relatives.   She hit my dignity by accusing me as I am illegal contract with neighbour lady.  She tracks my mobile number and downloads who are all Spoke with me in past six months. She noticed that the neighbour lady called up in many times in a day. The same shows to all her relatives and they all misbehaviour with me but I tolerated because waiting for mutual divorce.

My beginning talk with my neighbourhood lady for to check about my daughter whether she come back from school. Thereafter the talk going to be happened in more occasions for entertainment purpose and I don’t mind it to stop.

Now the problem is she is start irritating me by using abuse words and refuses to vacate Present home ( own house with payment of EMI by monthly).  His brother occupies other portion of my house. 

In meantime, six months before I have sent advocate notice stating that I will go back to my native place and you must come along with me.  But nothing is happened she adamantly said that she will not come out from present living house (EMI Paying by monthly-myself).

Days are gone up but nothing changes her attitude and she keep blaming me that I have relationship with other lady (polygamy).  Now, I lost faith with her because she stops giving information where she go and come back.

My wives and their relatives look at me as a scavenger.  I keep  asking mutual divorce but she is keep quite.I do not know what her plan.  She like me put into legal charge sheet by produce telephone bills which is One of Evidence for neighbourhood contract with me.  I am expecting all your feedback how to face this situation. 



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 2 Replies

saravanan s (legal advisor)     08 January 2016

you cant go for mutual divorce unless your wife also wishes to divorce you.if she is not willing for mcd you need to apply for contested divorce on some grounds.

in your case your wife can file contested divorce on you on grounds of adultery (if sufficient proof is available) or your neighbours husband can file a case of adultery u/s 494 on you.

but for these charges to be made just the call history wont be enough.she needs atleast the content of the calls exchanged between you and your neighbour wife in form of chat messages or call recordings

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 January 2016

Sir,

 

Its a harsh cruelty for any husband not being trusted by her wife without any good cause, so better is to go for divorce on the ground of cruelty and take the divorce, dont worry about her false cases she will file agianst you, because filing of the false cases without any justification also amounts to cruelty and he case will not stand in the eyes of law.

 

Warm Regards

Kapil Chandna Advocate

9899011450


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