Gourav (Manager) 30 August 2017

Need an experienced yet honest divorce lawyer.

Here is the case:

Arrange marriage in 2013 - Marriage happened in Jammu, while I was staying with my family in Delhi. Abnormal behavior of wife starts from very first day of marriage. Her parents initially claim it is because of nervousness. Symptoms increase. Consulted private doctors. Medication starts. Wife goes into passive state of mind. Her parents admit there was a psychiatric consultation going on prior to marriage which was never concluded.

June 2014 - I got transferred to Amritsar and My Daughter was born there... Mental Health of my wife deteriorates. Physical abuses and social harm done to myself and my family by my wife. Consulted govt hospitals and doctors claim the disease is incurable and can only be suppressed by medication. The medical statement is kept in records of GMC Amritsar.

Feb 2015 - We move to Chandigarh and her condition worsened, with various incidents of physical, mental and social abuse on me and my family by her. We consulted PGI Chandigarh and she admitted her condition and deception by her parents in the detailed medical consultation, which is documented and is kept in archives of PGI.

May 2016 - I got transfered to Jammu My wife decides to leave my family and my daughter and starts staying with her parents. Demands divorce against INR 10 lacs. She is well educated, is currently doing a part time teaching job. More than 1 year of separation and deception for marriage.

July 2017: I got transfered back to Delhi with my parents and my daughter.

Support Needed:

1. Is there any update in the age-old Hindu Marital laws that always blindly support the woman?

2. Is there a recent judgement by the court that says that if wife deserts her matrimonial home and family without any pressure from her husband & in-laws, she can not claim the alimony and maintenance money?

3. Can I file a divorce petition in New Delhi?

4. Is there a lawyer that can help me in an honest result oriented manner? I am a single bread earner for my family and currently taking care of my daughter. Need a lawyer with a genuine consultation fee.

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 August 2017

No need a lawyer in family courts. Both the litigant parties must attend the family court.

Special emphasis is put on settling the disputes by mediation and conciliation. This ensures that the matter is solved by an agreement between both the parties and reduces the chances of any further conflict. The aim is to give priority to mutual agreement over the usual process of adjudication. In short, the aim of these courts is to form a congenial atmosphere where family disputes are resolved amicably. The cases are kept away from the trappings of a formal legal system.

Gourav (Manager) 30 August 2017

Thank You Sir for your kind Reply.

However, as I have mentioned above, my wife stays in Jammu and I am in Delhi. She is staying with her parents from more than an year now and is demanding 10 lacs for mutual divorce. I think this matter will not be resolved in family courts or mediation centres.

Adv Radhika Mehta (Advocate) 30 August 2017

Originally posted by : Gourav

Here is the case:

Arrange marriage in 2013 - Marriage happened in Jammu, while I was staying with my family in Delhi. Abnormal behavior of wife starts from very first day of marriage. Her parents initially claim it is because of nervousness. Symptoms increase. Consulted private doctors. Medication starts. Wife goes into passive state of mind. Her parents admit there was a psychiatric consultation going on prior to marriage which was never concluded.

June 2014 - I got transferred to Amritsar and My Daughter was born there... Mental Health of my wife deteriorates. Physical abuses and social harm done to myself and my family by my wife. Consulted govt hospitals and doctors claim the disease is incurable and can only be suppressed by medication. The medical statement is kept in records of GMC Amritsar.

Feb 2015 - We move to Chandigarh and her condition worsened, with various incidents of physical, mental and social abuse on me and my family by her. We consulted PGI Chandigarh and she admitted her condition and deception by her parents in the detailed medical consultation, which is documented and is kept in archives of PGI.

May 2016 - I got transfered to Jammu My wife decides to leave my family and my daughter and starts staying with her parents. Demands divorce against INR 10 lacs. She is well educated, is currently doing a part time teaching job. More than 1 year of separation and deception for marriage.

Support Needed:

1. Is there any update in the age-old Hindu Marital laws that always blindly support the woman?

There are no doubt several laws which favour women but that dosent mean they always prejudice men.

2. Is there a recent judgement by the court that says that if wife deserts her matrimonial home and family without any pressure from her husband & in-laws, she can not claim the alimony and maintenance money?

There are judgements which says no alimony to deserting wife. However the same will not be gone into by the Court at interim stage

3. Can I file a divorce petition in New Delhi?

No as you are presently staying in Jammu. You can also file in Jammu as that is the place where you married and last resided together with your wife. Where is your wife put up?

4. Is there a lawyer that can help me in an honest result oriented manner? I am a single bread earner for my family and currently taking care of my daughter. Need a lawyer with a genuine consultation fee.

Gourav (Manager) 30 August 2017

Thanks for the response.

And apologies. I am now staying in Delhi since July 2017.

Please advise

Siddharth Srivastava (Advocate) 30 August 2017

1. Yes,. there are changes but law in respect of divorce is same.

2. No. There are judgements that if wife is earning and the income is sufficient to her living then such wife is not entitled to maintenance. But desertion by wife does not debarred her from claiming maintenance. Wife is entitled to live with all dignities. While deciding maintenance court consider all aspect like earnings of both the parties and their liabilities, financial position.

3. If you and your wife have lasly resided as husband and wife at Delhi then you can file divorce at Delhi.

4. A lawyer can not guarantee or ensure the result the result in your favour. A lawyer merely makes a honest effort to best of his ability to representt his client. Every lawyer fight with aim to win. Fee of a lawyer depend on his experience, ability etc. which only lawyer himself decide. Sidharth 9811776422

Adv Radhika Mehta (Advocate) 31 August 2017

No, you cannot file it in Delhi. SEc 19 of the HMA specifies that the following are the Courts to which a Petition can be presented

1. Where the parties married;

2. where the parties last resided together;

3. Where the Petitioner wife presently resides;

4. Where the Petitioner presently resides if the Respondent is abroad or has not heard of being alive for a period of 7 years.

Need an experienced yet honest divorce lawyer.

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