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nisha (abcd)     26 July 2013

Mutual cons divorce query

Hello,


13 years of marriage-10year old daughter, husband is having affair with office clg/ am a working professional who love him even after he betraying me.

Husband filed for MCD in January, 2013 where due to pressure and physical torture, i had given the first signature in court. we stayed together for 6 month under one roof and now i am not in a position to let him go due to my respect and love for him. This month 6 month cooling period will be over.  both the parties have same lawyer.

  1. if i go to court and dont sign the papers, what is the next procedure of applying as my husband is not in favour of contesting- he has no time and money to spend on lawyers.
  2. Can i hire my lawyer and withdraw the MCD (What is the procedure)
  3. He threten me that he will leave the house for ever but still take care of my kid and myself.
  4. House where am staying is on rent.
  5. He mentioned in petition to pay 30,000 per month as daughter maintainance only and will take care of house rent.

kindly guide, as i am not in favour of giving him divorce.



Learning

 8 Replies


(Guest)

@ Nisha jii,

 

Why your husband is doing like this after 13 yrs. of marriage infact having a sweet 10 yr. daughter? if merely a reason is his female colg working in office or any other reasons like constant fights,ego problem or any financial problem.

Plz elabrote your case then one can only give you a better suggestions.

 

nisha (abcd)     26 July 2013

We got married at early age of college and were not financially strong. He has lot of dreams of doing business which he is trying to fulfill by being with his female clg, she is the financer and had invested lacs with him as a partner doing business. besides both have similay hobbies of outdoor sports and activities. Female (42yr old) is twice divorce and has made gud amount of money from both divorce. She is financially well off and has no children frm any, my husband (35yr old) has done his vasactomy.

differences occurs in terms of our hobbiees, wavelength not matching and financially am not strong, my earnings is not sufficient to fulfill his dreams. All these points and betrayal feeling creats fight between us which impact our daughter. However i try to avoid any spat infront of my daughter and let him live his life with his girlfriend and not question him. Reason i want to be in this marriage is my love for him and to keep the family together for my daughter.

Kindly advice.


(Guest)

@ nisha jii,


As very sad to hear from you that after a long 13 years of love marriage your husband is reluctant to live with you for the sake of business and promotions given by that 42 year old lady.From my experience & view i will tell you onething as he will return to you at last. See ,he can't have a long wishful married life with her bcz her tedency is of "Free Bird" definately it will be her 3rd divorce once he will marry her.


But resoning for your case contradicts with 3 facts:


1. In current situation you are living as lonely wife with him or without him------No differences for him


2. If he leaves you also, you will lead your life as lonely as before.So,the precense of his happening is just as father of 10 year old child on her ID card or her annual report card.That will continue after divorce too.


3. You can't compell you husband to cohabbit with you by any sort of law. If you will pressurize him he will give maintenanace 2 you and your daughter and will go away.


Hence,The conclussion is just leave him as as what ever going,if you can close your eyes till he reurns back to you or else go for fight lodge DV on him neglecting you and your daughter and ask for maintenanace and home,may be he will realize that going other side will be cost heavy for him and he will struck to you as usual what he is doing now.The assumption of this totally agress bcz as per your querry you husband seems like business minded.

So,he will never do any lose agreement with his own pocket !

 

Thanks & regards

 

A Sufferer.....

nisha (abcd)     26 July 2013

This conclude, i should let him go and sign the second motion and wait for him to come back after he is deserted by his lady.

Note- House that  i stay on rent was bought by us together 4 years back and due to loss in business, he sold the house to his girlfriend brother. now he is paying rent to his gf brother everymonth.

 


(Guest)

what settlement you have done in your MOU for MCD?


See, living with a reluctant and dead marriage is better to live alone with your work and child.


Let him repent once he will loose you and his business with that lady.He will certainly come to you for his reprise.


Then you will be only his fortune or demise.


If you have any hope in your marriage,then don't sign second motion. and let him fight for his own freedom.


If you too need freedom from this dead marriage then apart peacefully without any force or any wish that he will return and will love you same as earlier.

nisha (abcd)     29 July 2013

It has clause that he will pay 30K as maintainance for daughter, her studies, her medical and take care of her marriage expenses. there is no clause for me and any security for house. maintainance will be paid till my daughter get married.

Alwin (PM)     29 July 2013

  1. if i go to court and dont sign the papers, what is the next procedure of applying as my husband is not in favour of contesting- he has no time and money to spend on lawyers.
  2. Can i hire my lawyer and withdraw the MCD (What is the procedure)
  3. He threten me that he will leave the house for ever but still take care of my kid and myself.
  4. House where am staying is on rent.
  5. He mentioned in petition to pay 30,000 per month as daughter maintainance only and will take care of house rent.

 

1. If you declare in court that you are no more interested in MCD, court will dismiss the  petetion. The only option left is a contested divorce, if you guys like or not like. So if you think you both cant live together after severel rethinking, it is always good to proceed with MCD and end this. Contested divorce is not an easy affair for both of you. 

2. No need to hire lawyer. Present in the court and directly disclose that you are no more interested in MCD (if you really want to do it). 

3.  He can do it but you also have your own options.  


(Guest)

@ Nisha,


Then it's ok,if he is ready to pay then part away seperately without any pain or sorrows.


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