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Kathiravan (Professor)     09 August 2015

Procedure for legal notice

Dear Lawyers Club India

I am a Doctorate and working as a Professor in an Engineering College Trichy, I am 31 years old and have been married since 13/12/2009. I have a son of age 4 years.I have been separtaed from my estranged wife since January 2013  I have been separated physcially after my childs birth. Due to her suspicion i had lost most of my life in a miserable way. Recently i came to know that she is elder to me by 2 years as per her birth certificate. My parents both work for the government and i have one unmarried brother. She has never been a good women throughout my life and i made up my mind in january 2013 that i should not live with her and i dont deserve her.

After elders intervention, negotitations and other many unwanted things have happen to me by her family i am not convinced and i stood my decision to file a divorce against her. It has been nearing three years and i am firm in my decision and my family members have given me the green light to proceed with.I have been married under hindu marriage act. To avoid any mishappenings from my side i have stopped speaking with her from january 2013. There is so such case of dowry harrasment and other things me and my family have done to her. She is living in my house with my mother and father with my son. Since my son is there my family has let her to stay with them. I would like to  get your forums best opinion to file a legal notice. Whether i can file a notice under irretrievable breakdown of marriage. I want to solve this issue without any conflict arising from this. I just spoke to her regarding the legal notice and i tried her to come for mutual consent but she is not willing to do so. She know that money is plenty with us and she wants to exploit that and wanted our property.

Kindly help me in this case as this is disturbing my routine teaching and research activities. 

Thanking You



Learning

 9 Replies

Advocate Bharat Singh (Advocate)     09 August 2015

Dear friend, u can serve the notice to the divorced wife stating the fact with RPAD ie registered letter along with acknowledgement. There after file a case u/s 13 of HMA,1956 for separation. Thanks

Advocate Bharat Singh (Advocate)     09 August 2015

Dear friend, u can serve the notice to the divorced wife stating the fact with RPAD ie registered letter along with acknowledgement. There after file a case u/s 13 of HMA,1956 for separation. Thanks

Advocate Bharat Singh (Advocate)     09 August 2015

Dear friend, u can serve the notice to the divorced wife stating the fact with RPAD ie registered letter along with acknowledgement. There after file a case u/s 13 of HMA,1956 for separation. Thanks

Advocate Bharat Singh (Advocate)     09 August 2015

Dear friend, u can serve the notice to the divorced wife stating the fact with RPAD ie registered letter along with acknowledgement. There after file a case u/s 13 of HMA,1956 for separation. Thanks

Advocate Bharat Singh (Advocate)     09 August 2015

Dear friend, u can serve the notice to the divorced wife stating the fact with RPAD ie registered letter along with acknowledgement. There after file a case u/s 13 of HMA,1956 for separation. Thanks

Advocate Bharat Singh (Advocate)     09 August 2015

Dear friend, u can serve the notice to the divorced wife stating the fact with RPAD ie registered letter along with acknowledgement. There after file a case u/s 13 of HMA,1956 for separation. Thanks

DR. DIMPLE JINDAL (ADV.) (Advocate)     09 August 2015

irretrievable breakdown of marriage is not approved legal ground in our country for the divorcee. It is yet under consideration by the lawmakers. One can go for mutual consent divorcee, but in your case you are saying that this is also not possible. Try to collect the evidences of cruelty by your wife against you and your wife with out showing her any sign. This can be helpful to you for taking the divorcee.
1 Like

DR. DIMPLE JINDAL (ADV.) (Advocate)     10 August 2015

As you and your wife are living separately from the three years and you have stated that your wife is living in your house with your mother and father, then where are you living from the last three years?

SuperHero (Manager)     10 August 2015

Mutual Consent Divorce. Both should agree.- 6 Months - 1 Year Max.  She will agree when you pay lumpsum, if you don't want to give then no divorce.

Contested Divorce - I guess more than few Years. Now calculate the cost of your time, energy, lawyer fees, travelling costs roaming around the court for few years, and see how much it comes then bargain get your Divorce through MCD.

Remember she can file maintenance and you also need to pay for your Kid upbringing.

@Kathiravan - Why don't you reconcile or go for counselling if you have some Trust and Respect on Marriage. The reason why I say is there is a KID involved. 

For Kid it will be very disturbing/stressed/tension why Mother and Father are roaming around court staying in the same house.

Man, there is nothing as a Perfect Family. There will be Ups and Downs in Life. Talk to her and see if things work out. Life is not a bed of roses.

I know it is easy to say. But you are the person who have gone through the stress and tension or miserable life. But there are People who have suffered more than you. Ask yourself?

In this World, there is a Divorce Option available for Husband and Wife. For no other relationship it is available. 

Okay after divorce what are you planning to do?

We remember the Past bad memories and suffer in the present instead of staying happy in the present with a Hope for Future.(Me too :))

I wish You Good Luck.


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