(Guest)

Query on divorce

I have canceled the RCR pettion in Kalyan Court. and Want to start a fresh DV pettion in Kerala Court.

One of my Friend suggested this . ( One thing you should remember Ganesh , is that if your wife is not willing you the Divorce then you can not get the same easily.If you file a divorce case then get ready for maintenance cases, Dowry, DV etc by your wife.

Best way is to stay peacefully by involving some respectable members from both the families and reach to a mutual agreement which will lead to a Mutual Consent Divorce and during discussions compensation can be also be decided which will be ONE TIME full and final for both wife and child.

You can only get the Visitation rights for your child but custody rights will be your wife itself and you should take a note of the same.)

Kindly advice what should i want to do it...

1) My wife not ready for MCD and even DV. She is a branch manager in Ngo Bank. Right now she consult all the matters to one of is advocate and she is not going for the Job.

2) She is telling , i won't put any DV or give u MCD. But, All i will make you from you side itself. (this idea is given by her Advocate.)

3) From there family no one is ready for Peacefull talk. Because all are afraid to talk with me because of my Wife Rule overther.

4) I am ready to give maintance for my Child. but not to my Wife. Is there is any provision that i can pay my child only after my child reached 18 years of Age.

Honourable Advocates and Experts please resolve my Queires.

Regards,
Ganesh Krishnamurthy

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3 Replies

stanley (Freedom) 13 December 2012

It is not necssary that your wife would get custody of the child . Custody of the child is based in whose interests the welfare of the child lies . If you get custody of the child than you dont have to pay maintanence for the child . In case visitation is granted than maintanence has to be paid upto the age of 18 yrs of the child and after this you dont have to pay .

As your wife is working or was working as a branch manager she wont be getting any maintanence . you have to project in the court that she has willfully left her job in order to claim maintanence and they would deny the same to her .

Msk-need -nuetral- laws (self) 13 December 2012

Ganesh,

You are caught up in situation catch-up 22.

Yes if your wife is not willing for divorce, you can't get it easily unless you proove it with solid evidence of her willful desertion.

Unless she approcahes judiciary, she may not get maintenance also. But she is moving smart in my opinion to claim that you willfully deserted her (if you are not spending any money to her currently). So she is waiting for your side views first and planning to counter on the same.

now the options left to you.

Wait for 5 more years to make your marriage dead ( be silent till taht time, if you are smart go ahead your life)

fight in court to prove that her cruelty

Mani