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mahesh (pro)     24 May 2013

Need to get divorce, my wife demanding money

Dear sir,

I am planning to take divorce from my wife,

Introduction about my problem,

1. my wife is already facing , dowry death case and 498a as accused 4, my wife is a sister Daughter of accused 1.

   currently she is on bail. and my wife regulary asking money from me.

2. I have decided to give her divorce, on what grounds i should apply for divorce. Please suggest me

thanks and regards

mahesh

 

   



Learning

 5 Replies

Hemang (Advocate)     24 May 2013

 

GROUNDS FOR DIVORCE

 

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

 

That the other party

1. has after the marriage had voluntary s*xual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

Hemang (Advocate)     24 May 2013

She is justified in demanding the money for reasonable expenditure. The husband is expected to maintain her. There is no excuse. 

Adv Archana Deshmukh (Practicing Advocate)     24 May 2013

Is your wife really responsible for the alleged dowry death case or she has been falsely implicated being the relative of accused no. 1?

 

If she is really cruel and has really torchured the deceased lady and has a hand in causing her death then go ahead and see  IF any legal ground is available to you for divorce after consulting a good advocate and briefing him with full facts.

 

But if your wife is falsely implicated as accused no. 4 then, this is the time when she needs ur support the most. Ask her why she wants money?  and see if her demands are justified and then give as per the need. If she needs it for hiring the services of a lawyer for defending herself then, you should provide as per your capacity. Is it proper to leave your wife during the most troublesome period of her life when you are supposed to stand behind her firmly?

 

BTW, wife  facing a criminal trial and demanding money is no ground for divorce.


(Guest)

Come up with entire details as to how to go about your alleged plan for divorce.

mahesh (pro)     26 May 2013

Dear all,

Thanks for the reply, I am very much thank fully for you support , I have already given enough money and supported morally and provided lawyer has well. 

my wife  is threatening me to put  false  498a, on me and my family, its is possible her put false 498a case. how i should safe guard my family .

could you please guide me intial steps for divorce

please suggest me .

 

thanks & regards

mahesh


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