Senthil kumar (Recruitment) 11 March 2014

What kind of points can come up from wife?

Dear Sir,

I got married on 2011 and wife was so adament and eccentric.

there were lot of problems, i tolerated to the core.

suddenly a day went extreme...

she filed false dowry harrasment case against me and while counselling it proved false.

now we are separated.

I am planning to apply for divorce.

she may be against divorce since whatever i do ,her activity will be just opposite to that.

in case she is against divorce and will not be co-ordinating for MCD, what are all the steps i can take?

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6 Replies

nikhil singh (Advocate) 11 March 2014

File a divorce Petition under cruelty. Dont waste your time in waiting for consent from your wife.

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186, +919352444446

Senthil kumar (Recruitment) 11 March 2014

Yes sir, I am gonna file only, but I would like to know what kind of petition they can file in order to postpone or delay?

nikhil singh (Advocate) 11 March 2014

no petition filed by her can stop you from filling Divorce petition

Gautam Kapoor (IT professional Studying Law) 12 March 2014

File divorce on the basis of false allegations in 498a case on the grounds of cruelty. She cannot stop you from doing this.

She as a counterblast can file DV first and then maintenance. DV will be decided/disposed on merits , maintenance decided or her/your earning capability.

Gautam Kapoor (IT professional Studying Law) 12 March 2014

File divorce on the basis of false allegations in 498a case on the grounds of cruelty. She cannot stop you from doing this.

She as a counterblast can file DV first and then maintenance. DV will be decided/disposed on merits , maintenance decided or her/your earning capability.

Dont get subdued if you were right.

G. Y. Sharma (Advocate) 26 May 2014

Mr. Senthil kumar,

According to the case stated by you, it appears your wife is quite reluctant to your tastes and words and she would keep on the adverse actions against whatever you do. In these circumstances, the real compatiability between the both of you is not at all possible by any stretch of imagination. So having regard to the general attitude of your wife, we feel it necessary to advice you for a Petition for Restitution of Conjugal Rights instead of going for Divorce in a drastic manner. This would reveal your patience and respect towards your wife and the very concept of marriage. On the other hand, you can plead re-join of your wife with you in case she prefers a petition for maintenance stating that you can not maintain your wife keeping her away from you since you have no such much capacity so to do. It is however clear that your wife would oppose your petition and seeks divorce. Even if she does not do so, the Decree of Restitution of Conjugal Rights would be a weapon in your hands for seeking Divorce at any later point of time.

Hope you could understand us.

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

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