LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Himanshu (aa)     20 June 2013

I really need help.

 

Hello,

 

I wish to take help of respected members on this forum.

 

Facts of the case:

·         Got married in January 2011, from the starting our marriage was full of trouble as we both have understanding gaps and her mother interfered a lot. My wife instead of using her brains and accepting my thoughts just blindly believe on what her mom said.

·         She went back to her mother’s home in May-2011 and after negotiation and interferes of relative we started living again in November-2011.

·         She again went back to her mother’s home in Feb-2012, and from then she is still there. Many times relatives interfered trying to negotiate but nothing happened.

·         Now around one month back they said that she want to live with me again.

·         I am certain now that I want a divorce and can’t bear her anymore in my life. I need a divorce.

·         They are not agreeing for divorce and say they will not settle this only option I have to take her back in my life.

·         We don’t have any kid.

Queries:

1.       We are separated from 17 Months now, and in any case I want a divorce till now waiting that they will agree for MCD, but it not seems so they will agree. What to do in this and How to proceed for divorce?

2.       What is the procedure I should follow now?

3.       How long it may take in getting divorce?

 

Please give me your expert opinions so i can try to come out of this mess, really in need of your help.



Learning

 10 Replies

Himanshu (aa)     20 June 2013

One more Fact there is not even single Legal proceeding happened till now, neither they applied for any case against me and my family nor we did anything till now.

Adv k . mahesh (advocate)     20 June 2013

for MCD is the easy option for you but if they agree only you would get it before one year and 

in case of divorce the it takes more then one year plus and you have to shall some alimoney in both the cases to get divorce 

Rahul Kapoor (Legal Enthusiast)     20 June 2013

Hello, 

Try to convince other party for MCD as this is the most easy way to avoid legal hassle.

if they agree for MCD prepare a well drafted MoU.

Himanshu (aa)     20 June 2013

Thanks for guidance sir, But real problem is I have tried everyhing they are not agreeing upon MCD. I have no resort left either to wait for there chane of mind or to start action from my side.

Rahul Kapoor (Legal Enthusiast)     20 June 2013

if you are confident(means having enough evidence) and made up your mind to contest divorce case then go for it. 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     20 June 2013

she is trapping you be cautious,, how i will let you know sooon>

read y ou r PM

Himanshu (aa)     20 June 2013

How to go, what is the procedure what is the consequences


(Guest)
Originally posted by : Himanshu


 

Hello,

 

I wish to take help of respected members on this forum.

 

Facts of the case:

·         Got married in January 2011, from the starting our marriage was full of trouble as we both have understanding gaps and her mother interfered a lot. My wife instead of using her brains and accepting my thoughts just blindly believe on what her mom said.

Bad for you.  You should not have let the MIL intervened in your lives.  IT'S YOUR FAULT.  SHOULD HAVE BEEN A MAN.



·         She went back to her mother’s home in May-2011 and after negotiation and interferes of relative we started living again in November-2011.
Did you ask your wife, is she really ready to live a married life with you in that point in time???


·         She again went back to her mother’s home in Feb-2012, and from then she is still there. Many times relatives interfered trying to negotiate but nothing happened.

Perhaps you never asked her that question, what do you want from me dear!



·         Now around one month back they said that she want to live with me again.


She and her parents got fed up of neighbours and the society at large, who were asking them questoins ki "beti ko kab jaane denge, maajhra kya he, kab tak rakhenge beti ko maayke mein"

·         I am certain now that I want a divorce and can’t bear her anymore in my life. I need a divorce.
SURE??? sure you want divorce?  
·         They are not agreeing for divorce and say they will not settle this only option I have to take her back in my life.

Try it, A KNOWN DEVIL IS BETTER THAN AN UNKNOWN ONE !!

·         We don’t have any kid.
 Good for you both, and you are saved of sins who will commit in the future with regard to the kid ! Less litigation expenses now !!


Queries:

1.       We are separated from 17 Months now, and in any case I want a divorce till now waiting that they will agree for MCD, but it not seems so they will agree.

If they not agree for Mutual Consent Divorce, then 5-6 years gauranteed roaming to court halls.  No need to go Jogging, roaming to court halls would reduce your weight!

What to do in this and How to proceed for divorce?

File RCR petition, wait for your lovely's reply, then when she wont budge, file divorce petition based on desertion.


2.       What is the procedure I should follow now?

File Restitution of Congugal Rights that your wife has left you and is not cohabiting with you.

3.       How long it may take in getting divorce?

A good 5-6 years if your lovely lovely wife does not agree for MCD aka Mutual Consent DIvorce. In the meantime if your lovely cube files some false cases like 498a, DV, 125 crpc [for alimony] then a good 6+6 years, make that 13 years !!!

 

Please give me your expert opinions so i can try to come out of this mess, really in need of your help.

Given.


(Guest)
Originally posted by : Himanshu

Thanks for guidance sir, But real problem is I have tried everyhing they are not agreeing upon MCD. I have no resort left either to wait for there chane of mind or to start action from my side.

If you have tried even falling to your lovely wife's feet [including your MIL and FIL's feet], then nothing can be done, either you live [suffer] with her and lead life [band your head] or take some vitamin capsules for your knees, as you will need them for sure, as contested divorce cases wont get over soon as explained above. 


Advice:  Ask how much money she wants, pay her, get divorce via MCD, get rid of headache, part peacefully.

Himanshu (aa)     20 June 2013

 

Hello,

 

I wish to take help of respected members on this forum.

 

Facts of the case:

·         Got married in January 2011, from the starting our marriage was full of trouble as we both have understanding gaps and her mother interfered a lot. My wife instead of using her brains and accepting my thoughts just blindly believe on what her mom said.

Bad for you.  You should not have let the MIL intervened in your lives.  IT'S YOUR FAULT.  SHOULD HAVE BEEN A MAN. 

Its very easy to comment who should be man, well I can only say that something not in your hand at all and you cant change the mind of other. also your replys are like you are making joke of others with problem, I wish god will not give you same kind of problems. All the best.




·         She went back to her mother’s home in May-2011 and after negotiation and interferes of relative we started living again in November-2011.
Did you ask your wife, is she really ready to live a married life with you in that point in time???

FYI I have asked her and her answer is alwaays yes she do wanna live. But her mother ego is that I am a Man and not listening her blackmails that I should left my parents.


·         She again went back to her mother’s home in Feb-2012, and from then she is still there. Many times relatives interfered trying to negotiate but nothing happened.

Perhaps you never asked her that question, what do you want from me dear! Yes I do asked her she and her family is unsure they also demanded a huge sum we agree to pay that but they stepped back. From there side lots of brains aree thinking.



·         Now around one month back they said that she want to live with me again.


She and her parents got fed up of neighbours and the society at large, who were asking them questoins ki "beti ko kab jaane denge, maajhra kya he, kab tak rakhenge beti ko maayke mein" I agree with you on this.

·         I am certain now that I want a divorce and can’t bear her anymore in my life. I need a divorce.
SURE??? sure you want divorce?  
·         They are not agreeing for divorce and say they will not settle this only option I have to take her back in my life.

Try it, A KNOWN DEVIL IS BETTER THAN AN UNKNOWN ONE !! sorry I can afford to live without devil but cant live with a devil from whom I am sure that coming life will become more hell as in my case devil is not my wife devil is her mother..

·         We don’t have any kid.
 Good for you both, and you are saved of sins who will commit in the future with regard to the kid ! Less litigation expenses now !!

Thank God


Queries:

1.       We are separated from 17 Months now, and in any case I want a divorce till now waiting that they will agree for MCD, but it not seems so they will agree.

If they not agree for Mutual Consent Divorce, then 5-6 years gauranteed roaming to court halls.  No need to go Jogging, roaming to court halls would reduce your weight! hmm this is the only fear I have thats y waiting them to agree for MCD

What to do in this and How to proceed for divorce?

File RCR petition, wait for your lovely's reply, then when she wont budge, file divorce petition based on desertion. Thanks


2.       What is the procedure I should follow now?

File Restitution of Congugal Rights that your wife has left you and is not cohabiting with you. Thanks

3.       How long it may take in getting divorce?

A good 5-6 years if your lovely lovely wife does not agree for MCD aka Mutual Consent DIvorce. In the meantime if your lovely cube files some false cases like 498a, DV, 125 crpc [for alimony] then a good 6+6 years, make that 13 years !!! Hmm lets shee what will happen. They are wrried for legal things because her sister and bro both are unmarried and at the age of marriage. you also know how society works

 

Please give me your expert opinions so i can try to come out of this mess, really in need of your help.

Given.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register