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sunita (Eboa)     17 March 2014

Need divorce asap

Hi, My name is Sunita and I got married on Dec 1st 2001 and went to Chennai to stay with my husband. Then I got pregnant and left for Jalandhar in July 2002 gave birth to baby boy on Oct 16th 2002. Then I went back in Jan 2003 but left my kid with my parents in Jalandhar. I stayed with my husband for 10 months or so then he left for Canada and then to USA. I came back to my parents and started living with them. He was such a monster all the time he was with me....torturing and beating me like animal. Mental torture was the biggest pain then physical torture. Since 2003 forward I was living with my parents, he did not send any money from USA to his family. He used to abuse me in all such manner over the phone and emails.

I started working in New Delhi from June 2007 till the current day. I went to USA once in Aug 2007 for 10 days only. I came to know that my husband started living with another woman there who has kid as well. They both started  torturing me there for giving him mutual divorce. Hence I came back to my parents home to Jalandhar and continued working in New Delhi. Now its been so long and I really do not want to live with him anymore. My kid is now 11 years old and do not want to go back to his father too. I am the one who is earning and looking after my parents and my son. I want to get rid of this unbearable burden as I do not speak to him and I am in no contact with him, but my parents do speak to him as my kid lives with them and he occasionally speak to my son.  

I have filled a Divorce case in New Delhi High Court at Kashmere Gate in 2010, but its of no use. I have heard that if husband and wife stays seperately and lives on their own then it is considered as Divorce. Is this possible??? I want divorce from this person. He is of no use never took care of his wife and child. I just need help and advice as I am in big trouble. He still stays in USA and randomly comes to India and often visit to my parents house to see my kid. He do not know my address where I live or where I work. Please help me I am in emotional and financial trauma. 

Thanks 

Sunita



Learning

 4 Replies

Advocate Ravinder (Advocate/Attorney)     17 March 2014

Where did your marriage conducted before going to Chennai.  You raised a query that “I have heard that if husband and wife stays separately and lives on their own then it is considered as Divorce. Is this possible???”, I say no.  As per the Hindu Marriage Act, 1955, divorce can be granted only with the consent of both parties i.e. wife and husband.  If there is no consent, any party can file a divorce petition under various sections i.e. adultery, cruelty, desertion, uncurable decease, unsound mind, impotency etc.  The court may if deems fits, may grant decree in favour of the petitioner. 

 

First of all, before going to divorce, think once again to patch up the differences between you and your husband and try to live together.  As your parents are in talking terms with your husband, they can initiate the matter and compromise the same.  Inspite of that if there is no scope for living together, ask your parents to mediate for obtaining mutual consent divorce.  This will be very easy method and you will get the divorce within 4 to 5 months only.  If your husband do not agree for divorce, it may take 3 to 4 years to get divorce through court of law.  If you want to harass him more, you can file Sec 498a, DV case, Dowry case, Maintenance (both criminal and civil) 1/3 of his salary, Bigamy under Sec 494 of IPC, custody of child etc.  Even if he stays in USA, summons will be sent to USA, and if he tries to avoid summons, the court will take help of interpole to trace him.  By putting constant pressure on him he may atlast he may agree for mutual consent divorce.  If you have any other doubts you can call me on 7893011777 or can contact me ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate)     17 March 2014

You have stated to have fled a divorce case at Delhi, what is the status of the case?,  what was the ground for divorce?,  what is your lawyer opining about the case?, Are you not having confidence in your lawyer?, why and what do you want to clarify here?, since you have already initiated appropriate legal steps to divorce your husband, I think you are going in a proper route (?), Please come out with facts so that proper advise/opinion/suggestion can be rendered.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 March 2014

Dear Sunita,

M sorry to say.....there is no court at kashmiri gate for getting a degree of divorce... where u have filed ur case? Have u appeared in court? What is next date of hearing? What is the name of judicial person? U can call me at 9871158578/9990225600

fighting back (exec)     29 March 2014

@sunita.........if you have made up your mind for a divorce, then do it in a peaceful manner without any futher litigation, contact your husband, inform him that you are ready for a MCD, sit across the table, decide mutually on out of court settlement alimony, sign the MCD and part ways, dont get in the court mess, you will only be emptying your pockets to greedy lawyers,

as one of the lawyers here have advised you.... If you want to harass him more, you can file Sec 498a, DV case, Dowry case, Maintenance (both criminal and civil) 1/3 of his salary, Bigamy under Sec 494 of IPC, custody of child etc.  Even if he stays in USA, summons will be sent to USA, and if he tries to avoid summons, the court will take help of interpole to trace him.  By putting constant pressure on him he may atlast he may agree for mutual consent divorce.  If you have any other doubts you can call me on 7893011777 or can contact me ravinder2345@gmail.com.

apply your own logic and see for yourself, go  to the court room one fine day and see the mess in the courts, it is very easy for lawyers to advise for filing 498 and DV and maintaience cases as they will charge a hefty fee and get a good 'bakra' but you will mess up your life all the more. it is not easy as eating a cake, trying to take the help of interpole to trace him, is this some kind of james bond movie, that the queriest has bag loads of money to splurge on lawyers to make the interpole run after a husband?


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