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sharma (ADVOCATE)     16 February 2012

Want divorce please suggest

I was married on 22-11-2007.  I have a female child on 01-08-2009.  My wife left house on 14-11-2010 and filed 498a, DPA3,4 DVC and maintanance.  I was arrested and let out on 05-09-2011.  498a was filed on 08-04-2011 by a private complaint in which they claimed that they gave 1.5 lakh and 2.00 addl dowry with 7 tolas of gold.  After dvc was filed with PO, DW&CDA in which she writtenly stated not interest to join me and want divorce with maintanance.  Again filed dvc with JFCM on 17-10-2011 stating i gave false evidences and they had deceived her though she want to live with me.  Advise me for getting divorce as until now they are not showing my kid, she is 3 years old.  I have beared medical expenses of delivery and before which they claimed in FIR that they have paid all expenses.  I have filed a RTI on my father-in-law who is a governement servant for getting his income from his dept and also complained about CCA rule violation of DPA.  Let me know how can i get divorce and how much time it depends  Waiting for your suggestion.  Thanks in advance.



Learning

 3 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

You can file for divorce on cruelty grounds.

Also file for visitation rights.

Join SIFF.

Sophiya Khan (Lawyer)     16 February 2012

If u r in Delhi contact me, since there r some matters not to b discussed like this....my email is sophiya.advocate@yahoo.com

Rahul T (Engineer)     16 February 2012

 Sir,

    498A, CRPC125 are all drama for making husband suffer………..nothing else… but unfortunately…these laws are made for whom, they don’t even know about it & they suffer…. Like you……… any way jokes are apart………

 You can file a divorce case under Desertion & cruelly after 14-11-2012….. & the time frame can not be predicted… since evidence proof’s are unknown……….

 Who knows…. You could be the real guilty…………

 If you are genuine victim…. Then it may take around 2-4 yrs time…. Since 498A & CRPC125 is already applied on you…. Therefore refer them in your Desertion & cruelly case…. It will boost your case positively…..As 498A is practically 98% impossible to proof in the court……….

 Therefore you have chance of 90% to win the Case….provided… you are a real/genuine victim…& you have a good decent lawyer…

 Look for child custody...  may be due to cruelty charge… you may get you daughter back….

 NOTE: its very difficult to make comment on any case… by reading 5 line story……… WORLD is VERY Rough may be TOUGH TOO…………..


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