LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PC VIRUS (mgr)     28 December 2014

Need advise on filing divorce

My friend had a love marriage 9 yrs bk...her inlaws never accepted her and treated her badly. she has a daughter of 4 yrs. she has no relation with her inlaws for years now but they keep feeding their son and he has been torturing her physically and mentally for many years...she has been taking all tourture for the sake of their daughter ..they have no husband wife relation for 3 yrs nw. he has left his wife and daughter and gone to his parents 3 months ago...she has got a job this month. she is staying in the joint property they have. She filed a complaint with women cell who called them for reconciliation..where he said he wants divorce...on 2nd meeting he said the same thing. Her lawyer called him for discussion he did not come. Said I have already filed..no one knows what he has filed...my friend has not got any notice of divorce. A relative tried to mediate, he did not come for discussion....what should my friend do ...should she file for divorce on cruelty...what all does she have to proof as there is no proof of mental torture....she has to take care of the daughter ...how will she get maintenance ?

Please suggest asap.....



Learning

 8 Replies


(Guest)

Women do a lot of sacrifice just to keep the show running.  Hats off to such women.  Here too the woman should try to convince husband as it is love marriage, to continue with her and make him understand how muchh she loves him and how much he means to her.  I am sure, if dealt properly, this marriage can be saved.  As there is a girl kid involved here, they should not go for divorce at any cost, why spoil the life of daughter?


Finding new husband will be a big headache for the woman, that fellow can find some woman and get married again, but this woman will face lots problems not just finding a husbaand after divorce but also adjusting with new husband.


it easy to file divorce, catch hold of some JOLLY LLB and within 5000 rs divorce case can be filed, contested divorce takes 7-8 years to get over.  All thoughts be given before jumping into well which has no water.  All the best.

Jai Karan Nagwan (consultant)     29 December 2014

Appreciate your suggestion and I also endorse your views. If her friend files divorce, that gentleman is sitting ready to consent. Suggestion to be brave and stay in your house with husband and try to create same love and confidence as you had before marriage.

PC VIRUS (mgr)     29 December 2014

Thanks for your replies...would really need help and ideas on getting the husband to come and talk...we have tried all options of talking as mentioned earlier..he is not coming to talk...please advise how to get him to come and talk....

Rahim (okok)     29 December 2014

The way this message is put I feel this is only showing 1 side of the story. In Love marriages generally Women are dominant partner . Did not have any husband-wife relation for 3 years?.......Really?......Even in arranged marriage it is rare for 3 years break  !. What attempts did the Wife make to establish Husband-wife relations?.  Further if the Husband has ran away to his parents home then it could be that the Woman has tortured him so much that for the sake of his sanity he ran away.

 

Abused Mentally and Physically?...........Ha Ha Ha.........this is standard statement of all Wives as if they are Sati savitri........More often than not even if the Man gives back it is only after intense provocation and torture from women.........

 

I sympathize with the man actually.......i am amazed how he has managed to live with that Woman without husband-wife relation for 3 full years. I dont blame him if he has gone back to his parents and wants divorce.

 

I am not saying that what I am saying is true.......But I am just giving another side of the story. True story will only be known when the Man and Woman are both heard of ..

 

Finally my advice will be for the Girl is ----- Go and apologize to In-laws and Husband if she has tortured her husband........and be happy and life with him if she really cares for her daughter.

SuperHero (Manager)     29 December 2014

 Yes Women does lot of sacrifices really appreciate their efforts.

The bottling up of problems leads to misunderstanding and one day it will burst and it can’t be put together again.

If husband or spouse is stubborn the marriage will break. Both should be willing then only it continues.

Hope all problems will be resolved, they will reunite and lead Grihastha life and take care of the daughter.

Pray to God with Love and Devotion and Prayers will be heard.

T. Kalaiselvan, Advocate (Advocate)     30 December 2014

In the event of all the efforts failed to join them and put them back into the happy married life once again, also if the problem persists and aggravates without an end or relief, it is always better to get legally separated by a decree of divorce than to live in a farce.  Since she is stated to live separately for more than 3 years, grounds of desertion, non cohabitation and cruelty can be pleaded for dissolution of marriage. Consult a local lawyer and proceed.

PC VIRUS (mgr)     07 March 2015

The wife has filed divorce against husband a month back and has just 2 days back got a legal notice where in the husband has filed divorce on cruelty in november in his hometown.

the wife is yet to file maintenance for her and daughter.

 

What should she do now ?

Adv. Chandrasekhar (Advocate)     08 March 2015

1.  Get one divorce case transferred to another coourt and get them tagged and disposed off simultatneously.

2.  File Section 125 cr.p.c. for maintenance of the wife and children.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register