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Ms Rosy Garg (SE)     15 July 2015

How to proceed for seeking divorce?

Asking this question for a friend.. Married 1 year ago and his wife was so much involved with other guys. He caught her on multiple instances and then recently she said she is not interested in him and left for her matrimonial home. She took all her belongings and she wrote on a paper that she is going from her consent and signed it. Also my friend has recorded her conversations with her family and friends which says there is no ground of trouble and she is leaving as per her wish. Also taken pictures of jewelry she wore and got the medical the day she left so that she cannot put any false allegations. Question is that now they are sitting quiet or maybe doing something which we are not aware off. she is asking for my friends company letter head do not know why. Please suggest how to proceed and will these evidences help in any way?


 7 Replies

saravanan s (legal advisor)     15 July 2015

he must have parted from her by taking a mcd.that would have put a full stop on the issue.even now he has all the proofs to favour a contested divorce but that will drag for years.just because she is asking your friends company letter head just ask her to agree for mcd without any alimony or one time settlement.

till he gets a divorce from her she is free to trouble him by filing criminal cases and dv,dp cases


(Guest)

It appears that your allegations are of adultery,  But mind you, you cannot simply allege adultery,  you should have solid proof, lots of evidences, photographic as well as witnessess and then only you can think of filing case in court for divorce based on adultery.  Simply making adultery allegations and not being able to prove will prove costly and husband will end up behind bars.

 

In this case it appears that wife just left and is making merry elsewhere and is in the process of collecting evidence of husband working proof.  So dont part with such letter head etc.

My advice is if such is the casea, no use going to court, even though there are supposed evidences like recording etc going to court is waste of 10 years, as it is very difficult to prove given indian circumstances and indian law being lenient toward women that adultery is proved and divorce will be granted.  Either go for MCD or Better ask wife to re-consider to mend her ways and lead happy marital life, whatever happy means to her or ask husband to gather  courage to take gun and finish matter then and there, as i see no piont with women who want to have it their way and take marriage lightly.  All advises provided to be followed at own risk.  All the best.

SuperHero (Manager)     15 July 2015

Once trust lost, it is very difficult to get back again. Better bargain and get MCD[Easiest way to get divorce].(6 Months - 1 Year )

Ms Rosy Garg (SE)     15 July 2015

I need advice on how they can protect themselves with little evidences they have collected. As these cheap people can do anything. Eg can my friend serve a notice or something? Also if they file any case after notice will it stand on any ground.

(Guest)
Originally posted by : Ms Rosy Garg
I need advice on how they can protect themselves with little evidences they have collected. As these cheap people can do anything. Eg can my friend serve a notice or something? Also if they file any case after notice will it stand on any ground.

Protection?  No protection at all.  This you need to understand first.  Little evidences cannot sustain in court of law. So no use fighting with saftey pin where swords are used.  What kind of notice do you want your friend to serve?  He can serve notice through lawyer asking her to mend her ways and if she does not mend her ways in 1 weeks time, state that he will be forced to apply for divorce.  Such notice he could serve.  When dealing with cheap people you should become 2 rupees people.  And they can file any case they want and get your friend behind bars.  So be careful. 

498aWinner (NA)     15 July 2015

Your friend can file a RCR petition, so that legally he will be asking his wife to come back and stay with him..Also, this will protect your friend upto an extent from all false criminal cases which might arise in future.

Ms Rosy Garg (SE)     16 July 2015

Thanku 498awinner...

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