Dinesh Sawant 19 September 2016

Risk in mutual divorce

Hi,

Me and My wife we are getting seaprate by Mutual Divorce. But i have few concerns.

1. She is in unknown dubai location and giving me divorce through her lawyer.

she is staying in dubai unknown locations. and she is not responding to me. blocking me. she forcing me to get divorce done through the lawyer. as she left me without any information and played with me for year now i dont trust her.even she is also blaming me that she left uninformed because she fear that i will harmed her but in our three year marriage we didnt had any such incident.

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2. I dont trust her lawyer

her lawyer has rejected my lawyer divorce draft by saying it is taken from internet and resended me hence i have lost trust on her lawyer.

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3. i dont trust her parents.

they too played vital role in our seapration. also they blamed me with seriouse charges of entering home forcefully and forcing on her mother and sister when i went to enquire about my wife. now my wife is forcing me to communicate through her parents but i dont trust them as they suddenly has changed behaviour.

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4. risk after case file in court.

i dont want to waste time in court. i tried to communicate her that how she is going to assist in case but she is saying when my lawyer will ask i will come. and lawyer is saying when i will feel necessary that time i will call her. so i dont want what they exactly have in mind. as till now everyone has played with me emotionally and socially by defaming in our common friends.

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5. background.

She left for dubai without any information to me. hided all information from me. even her parents helped her to hide. i was asking her since one year that if you dont want to continue lets go for mutual divorce but she ignored. now when i got information about her some relation with one guy. she agreed to give me divorce. but not providing any assistance in the process.i got her number from one of her friends where i tried to communicate with her to get searate respectfully but she kept ignoring my mail, calls and asking me to call her lawyer. her parents also did two month delay for the process as in the begaing she told them to look into issue. later she said she will personaly co ordinate with layer and now finallly it has come to one conclusion but i am so scaerd with the sudden behaviour changes of my wife and game playing from her side and her parents. i am not sure what they are actually planing. so not sure whether i should go to divorce process in her abscene or should i wait for her to apply for divorce.

Kindly help. Lot of frustration.

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7 Replies

anil 19 September 2016

as per my knowledge person should be present in court for MCD, so its total risk for you if she is in dubai at the time of court date.

P. Venu (Advocate) 20 September 2016

What is the opinion of your advocate!

anil 20 September 2016

you have not share context of divorce or why she opted it. so case is unclear,

might be its not your fault , but you was the chosen one from a billion people in india, so dont know what happen due to this person is avoiding you and talking bad stuffs.

before she is going to file 498a,406,34, dv act ,125 its better to file contested divorce if you have made your mind to get divorced. as per my experience she is buying time from you to finish her work in dubai, So file it asap. her lawyer is not going to help as he needs money only.

her parents esp. sister is not going to help as there life is not impacting.

if i m not wrong , MCD clause says person should be present in front of judge. and no need for lawyer in mcd. if they have appointed lawyer it means something big snake in their mind.and ready to play nagin dance for you.

talk to her lawyer , parents , wife , etc and record all conversation, better to get all in mail as recording is illegal without consent of person. you can do skype and say you are recording it.

getting divorce in INDIA is next to fight murder case. Go to any family court for two three days you will get a clear picture what is happening in judge's court, a big and never ending line is there and everybody suffering just to save ego problem.

if you have any good case or point then file a criminal case , then she is bound to come back and reply, after avoiding few notices , her lawer also can't help then.

as far as Dubai address is concerned , getting address in india is difficult , but getting address in developed country is very easy, just google it or file a missing complaint about your wife .

whatnot 20 September 2016

What other option you have?

She is left. In Dubai. No contacts...Even if you contest, for what purpose. It won't affect her . You will be in court ..May try exparte...She may go to higher court later on...

Lawyer draftts always subject to correction. So let your lawyer and her lawyer decide what to be included and not..Bring the draft for apporval here... Then proceed.

She need to be present while filing motion and also should be present for decree (though this may be done with POA . But not submission)

Move on my friend. No need to dig into a bigger hole.

Dinesh Sawant 20 September 2016

Hi,

Few missing points.

1. She has left for Dubai as a unmarried and joined company as a unmarried.

2. as i dont know anything about her and her parents behaviour change makes me think more. in worst scenario if anything happpens to her then can they put any case on me ?

3. she is having step father. i dont trust him. they have illeagly created adoption papers before marriage. and now they send her this way. all this scenario creates untrust towards them.

contested marriage will also take my too much career period as she is enjoying there and developing her career. i have family to look after. i dont want to waste time, energy and money on the case.

if keeping silent and waiting her to file for divorce is better option ?

whatnot 20 September 2016

Once married all previous actions are pardonned off..unless they are life threating one.

You had a query while back about same situation.

You want someone else make decision for you.

Or it is case of getting best of both the worlds.

In your casae, your partner has just moved on. For reasons only known to her.

Either you can use law as sword and put pain to her or use it as pen to put a fullstop.

Choice is yours. If MCD is offered take it. Submission only happens when parties have agreed and you have a copy before signing it. Don't make a moutain out of mole. Pride hurts. But time to move on.