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hamsa (Computer Operator)     01 October 2012

Want to take divorce immediatly

Hi Friends,

I want all of your's precious suggestion, especially from Advocates.

Ok,

I want to introduce my self as Hamsa. Mine is arrange marrage ( 2005 ).  My hubby tells me that, he don't know about marrage and all my friends are marring so, i also got married. I am facing decertion from past 7 years, but also i am saying with him and also with their parents. Now i want to take diverce from him. But i don't know how much time it will take, or what's the procedure or i have to apply for Mutual. 

Please advice me what to do. 



Learning

 18 Replies

stanley (Freedom)     01 October 2012

you have to appoint a advocate and talk to him and your partner regarding Mutual consent Divorce which you would get within 6 months provided he agrees to the terms and conditions in it .

Contested divorce may take years and there are certain grounds like cruelty etc which would have to be proved 

Bharatkumar (ADVOCATE )     01 October 2012

What's your real problem?  it's in not reson for divorce. Think Think 

Tajobsindia (Senior Partner )     01 October 2012

The first and only step suggested based on presented facts is to contact via reference hire an Advocate or via database search of LCI hire one after due diligence.

Discuss as in Chamber discussion your facts and s/he can guide you of the process to get decree in divorce proceedings locally.

BTW, if wishes were horses as in thread title "immediate" divorce may cometh in picture  

Ranee....... (NA)     01 October 2012

 I am facing decertion from past 7 years, but also i am saying with him and also with their parents

 

 

not clear that what is your problem and what your husband wants !

adv. rajeev ( rajoo ) (practicing advocate)     01 October 2012

I do agree with Ranee..  If your husband is also ready for the divorce, you both can file consent divorce petition.

MohammedRaffiq Bijapur (Advocate)     02 October 2012

Hamsa do you know what desertion means?

At one breath u sy that you r staying with ur hubby and his parents at the next breath u r saying thaat ur r ben deserted. I could not understand ur stand. Be clear of ur problem.

andz (clerk)     02 October 2012

1-it is nice to know that your marriage still live since 2005.
2-it is nice to know that you both are good at conveying and communication . . . (which lot of couple lacks these day's)
3-i think it is not just him but you too do not know anything about marriage (or carry the same perception as your husband)
4-desertion in your opinion seems to be physical relation ?(as you have mentioned you are facing desertion but still living with his family)-------- do not worry . . . . .
5- what you need is a doctor's help . . , and get some psychological advice/sugestion/help or family counsellor's gudance or advice/sugestion/help for not just your husband , but for both of you and your husband and lead a happy married life . . . .
6- do not take any hasty desition . . . .
hope this is of some use to you
regards
anand. . . .

 

andz (clerk)     02 October 2012

please do understand and talk to both sides elders and take your elders advice and do not fall or give in for the random sugestion/s / advice as it isyour precious life that matters . . . . .  do discuss with the fellow memeber's or your elder's who are learned and can guide/advice/sugest accordingly . . . . .

regards

anand.

Srinivasa Rao Yaramati (advocate)     02 October 2012

it is not come under decertion ground to get divorce.stii ur are with ur hubby so sit with ur ealders both side and put some efforts to slove problem.of it is not worck out according to ur will then go for divorce for mutual concent pitition

A.SUMATHY 9380902017 (LAWYER)     03 October 2012

If your husband is also ready for the divorce, you both can file consent divorce petition.
otherwise go contested divorce. your reason valid reason subject proving before court of law.

hamsa (Computer Operator)     03 October 2012

Hi Friends,

Thanks for your response.

I am staying with them, but We both are living in saparate rooms from past six and half years. He only changed his room, he told me that i want to stay saparatly. My parents told my father and mother in law's about it ( She is still Virgin) , but they are silent. even they were not talking with his son about this matter. i also ask him and requested him what's the problem, is there any problem from my side or what ? come, we will meet a counsellor or Doctor. But he is not responding. If any body insults me or hurt me, i was sharing with him, physically he is  but not mentally . He knows that there is no falt from my end, but also he didn't support me. Their family member's teese, even his mother , elder sister and her husband, their childer also. He keep silent. 

I was fearded that if i leave this house or if i get divorce what the society think about me. Now i can't stay anymore.

I even spoke with my husband about divorce, he says, ok, take it i am ready, go and apply. I will not apply.

I told him we will take mutual, then he told me go find a advocate, i will come and sign.

If we go for Mutual, how much time it will take, for my case. is 6 months is compulsory. can't i get with one or two months.

Friends, It is new to me, i don't know how to do, what the charges i have to pay. Is he is to pay for advocate or I.

Pls..... Pls..... Pls.....

Guide me

Tajobsindia (Senior Partner )     03 October 2012

1. Suggested to visit District Legal Aid Center in jurisdiction where both of you live. Ask them to provide free legal aid for MCD.A very nominal fees for court fees, panel advocate legal fees, petition printing cost etc. are levied upon which any litigant can manage.

2. On lines of MCD request once more your husband if he could consider paying you some alimony as full and final settlement telling him that after MCD you will be on mercy of your parents or society. Any considerate man considers such last mile parting. If not then seek plain vanilla MCD and re-start afresh your life. Many do it and you will not be alone on that count in contemporary
India
.

3. You may tell the Legal Aid Center's panel advocate to file a seperate application to get allowed on "exceptional grounds" speedy divorce by waiving off mandatory 6 months cooling period otherwise 6 months cooling period with your experience of 7 years 'desertion" may just pass by are my views. 
 

 

Originally posted by : hamsa

 

Thanks. I didn't get this "If not then seek plain vanilla MCD "
Pls Clarify

 


Under a plain vanilla divorce ‘no’ "give" and "take" by either parties to a marriage are "exchanged".

Thus it is so coined as just a "plain vanilla divorce" internationally........

[If it rings any bells then; base flavor of any ice cream is always vanilla, divorce is referred internationally in their social circle as going for an ice cream and here in Indian context it is called shaadi ka ladduJ ]

andz (clerk)     03 October 2012

1-i totally agree with Mr.Tajob, provided i doubt free legal aid . . . . 2-if there are any charges which could be nominal as Mr.Tajob mentioned , but do keep an eye for so called advocates who'll squeeze in without shame . . . . and also you can talk to your husband to bear the costs 3-in toto i agree with Mr.Tajob and also wish you can consider maintenance/alimony . . . . 4-n may be some one can help you with a proforma and both you guy's can file it in person too . . . hv peace regards anand

hamsa (Computer Operator)     03 October 2012

Hi Tajobindia,

Thanks. I didn't get this "If not then seek plain vanilla MCD "

Pls Clarify


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