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Sam (A)     25 March 2012

When can i file divorce and how

Hello Dear All

 

 

I am in a very problematic situation and need some expert advice. Please be sincere and try to help with some good genuine advice.

 

After marriage, my wife only stayed couple of months with me/my family and then she went to her parents home due to some festival for 15-20 days. While she was staying there, there were lot of falim iy clashes happeneds and our relation went to complete extreme.. Though my wife is good, she doesnt think of herself and only listen to her parents... It's almost 8-9 months she is staying and there is nothing seems to be happening. So finally I am thinking to give Divorce.

 

So could you please let me know, when can i files for divorse (I have heard only after 12 months of marriage or different views) , what is the best way. 

Also, is there anything her parents can do to TRAP me...



Learning

 11 Replies


(Guest)

Hi Sam

The best solution to your problem is to involve the Respectable elders from your family who arranage a meeting with the Girls Family members and get this issue resolved.

My Friend, If you go to the Court asking for Divorce then you will land yourself in very big trouble since your wife can file 498, Domestic violence and maintenance cases against you and your family.

Beware Indian laws are women biased, hence if your wife is not interested to give you divorce then it will take  years and years probably 3-5 years to take divorce and again that can be appealed in Higher courts. Your whole life will be circled around courts and nothing else.

Hence stay away from courts and get this family issue resolved with the involvement of elders...

Hope you understand what I am trying to tell you. Remember I have been a sufferer hence this is the best experienced guidance for you.

WISE MEN LEARN FROM OTHERS EXPERIENCE AND FOOLISH LEARN FROM THERE OWN

Sam (A)     26 March 2012

Thanks Rahul..!!!

THe problem is, her parents doesnt want to talk and they are not the good people to deal with. Their intention directly seems to be to seperate me from my family and make me like (GHAR JAWAI). They are also not talking to the midiator who has fixed this marriage. 

Another fact is, her parents has done the similar things with HER two elder sisters and they are kind of repeating the history. It was my bad luck or more trust on midiator, that we didnt intvestigate much before marriage.

 

Please suggest..!!!

 

Sam (A)     26 March 2012

Hi Ashish,

I had a word with some lawysers and couple of lawer said, if wife is not with you from more than 6 Months, then you can send the legal noticce to her. In case, we file the divorse which i am not sure for now, can we do anything to protect my family from 498A ..

 

Thanks,

Sam

kumar101 (clerk)     26 March 2012

No protection against 498a.


(Guest)

HI Sam

Remember legally you can file for RCR and then divorce but my friend you need to be prepared for the worst outcomes once you file any legal case, your wife's lawyer will provoke her to file for all the false cases.

Once you file any case then you need to be very strong to defend the same and fight for it, Getting a divorce in India for a Man is not an easy thing and it takes years of struggle to get the same, Mutual Consent is the best option.

You need to kill your EGO and find an amicable solution somehow or else get ready to make the court rounds for 3-5 years or may be longer, unless new laws speed up the things.

Decision is yours. 

bhagwan (owner)     29 March 2012

SIR, IN HMA IS DIVORECE ONLY OBTAIN FROM COURTS ? WHETHER SUB REGISTRAR DIVORECE DEE OR NATERAISED DIVORECE DEED IN VALID / WITH THIS CAN BE TREAT THAT MARRIAGE IS BRIKEN AND NOW THEY CAN GO FOR  MREMARRIAGE.

PLS ACK.THANKS

bhagwan (owner)     29 March 2012

MR. SAM, YOUR STORY IS NOW VERY COMMON. ONCE THEY START MONEY MEANS THEY NEED MONEY, WITHOUT IT THEY WILL NEVER COME ON TABLE AND SETTLE THE PROBLEM. I AM SORRY TOSAY THAT THIS IS FACE THAT ADVOCATES WILL ALSO FAVOUR HER * FEMINIEST * AND JUGDES ALSO WILL FAVOUR HER.SO BE CARE FUL..........SORRY  IF U FEEL BAD. TKS

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

Nothing to add.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Mohankumar (engineer)     02 April 2012

one suggestion,

when you go for talking in common place along with your family elders or her famil;y elders try to record the conversations and create evidences on that, talk about your positive points and create the evidences before you file for divorce.


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