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To apply for divorce

(Querist) 23 May 2015 This query is : Resolved 


me and my wife got separated and living separately for past 2-years. We have a baby girl aged 4-years and living with her mother (my wife).

there were huge fights and mis-understanding and so i am willing to apply for divorce and also willing to give maintenance.

recently she came my home at Bangalore upon my request along with the kid and i wished to give it a try as considering the future of our girl child.

again we ended up in a big fight and she left to her parents house again about a week back after her 1-month of stay along with the child in my Bangalore residence. during this recent stay we slept in separate rooms in my house here in Bangalore and we did not had any physical relation.

i wish to apply for a divorce in the family court Bangalore with immediate effect as she is throwing plenty of tortures over the phone.

please advice or should i wait for another 1-year to file divorce in the family court.

Thank you.

Devajyoti Barman (Expert) 24 May 2015
After one year of marriage one can file suit for dissolution of marriage. in your case there is no such time constraint.
Now it will be your choice when to file or not to file the case. Passing of time will not give any advantage.
malipeddi jaggarao (Expert) 24 May 2015
It is for you to take decision.
According to me both of you are interested in the future of your daughter. Perhaps that is the reason why she joined you again. When she came back to you why could you not have physical contact? What is the real issue between both of you? You should come with full facts so that some counselling also can be given to you.
If things are not that serious, both of you can visit a family counselor. You can rope in the elders from both sides to settle the differences. If you have come to a conclusion that there is use for these methods, it is upto you to take decision for file a case for divorce. But it is not cake walk. From her side she may slap many cases both civil and criminal. YOu should prepare to face these cases, whether they are true or false. Think twice before you leap.
SAINATH DEVALLA (Expert) 24 May 2015
Dear Author U have a very specific profile name"10th planet" according to hindu mythology we have only 9 planets, the son in law in the household is regarded as the 10th planet(Dasama Graha in sanskrit). Sorry for deviating, comming to UR query, I have come to a conclusion that UR misunderstandings are not that grave to opt for a divorce. Both of U have to think about the future of UR child.Both of U R responsible for whatever has happened in UR marital life .Hence sit with the elders of both the families and sort out the differences for an amicable reunion.
P. Venu (Expert) 24 May 2015
It appears that the misunderstanding among you are not unsolvable. Pl. try for reconciliation as suggested.
Dr J C Vashista (Expert) 25 May 2015
I fully agree with expert Mr. Sainath Devalla, initially you have to confine within the 9 planets in the orbit. Subsequently you appear to be a non-reconciling and adamant person which has landed you up in your own cobweb; mend yourself for the sake of your daughter and wife. I am sure, you can, if you want.
SAINATH DEVALLA (Expert) 25 May 2015
Rightly advised by DR.Vasistha
Sunil S Nair (Expert) 25 May 2015
Best advise by learned Experts
Biswanath Roy (Expert) 25 May 2015
BE RATIONAL, GIVE UP EGO TRY TO MAKE ADJUSTMENT WITH YOUR WIFE CONSIDERING THE FUTURE LIFE OF YOUR BABY GIRL WHO IS INNOCENT AND GOING TOWARDS PERIL. MALADJUSTMENT BETWEEN HUSBAND AND WIFE CAN BE ADJUSTED BY SACRIFICING EGO AND RIVAL ATTITUDE.
Tenth Planet (Querist) 25 May 2015
yes, its nice feel to read the ideas and answers by the Experts. Thank you all for your time.

As i am unable to write the complete details of the events.. Your advice is right as per the simple details that i had mentioned and i take that with full honor and thanking you all for the same.

..if possible i would mail the draft to one of your mail id that i had written to by myself and kept ready to file the divorce suit that i had kept pending .. decision not yet made yet.

Eris is the discovered 10th-Planet in our solar system real and practical it exists. Say like before year-1996, no one knows in our entire universe "what's a Mobile phone?" and today there is no one in this entire same universe including a child, who do know what a mobile phone is !! .. some more.. to be continued.. Thanks again.
T. Kalaiselvan, Advocate (Expert) 28 May 2015
A final suggestion is that understanding more about the external affairs as well as the planets are not very important if you dont want to understand your own married life and adjust yourself accordingly. Give an introspection and see what and where things went wrong.
Tenth Planet (Querist) 31 May 2015

dear Mr.Kalaiselvan, except your good-self all others Experts have presented so decent answers.
Learn some mannerism while presenting, dear Mr.Kalaiselvan, may be an Expert or Super Expert.., for me just only Family life is not so concern, and as you had mentioned there are plenty of other External affairs to be looked into (for both) as my present wife is an icwa - all India 4-th rank holder an myself at present acting as a Regional head (Technical) in an mnc.., you see its all an act.
As how you acted as an Expert. And for info., we had decided to go for a 13-b (here our main concern is that of different, wherein i don't bother onto these religion, region, caste tribe, community.. but her side its different) and i had offered my 3rd-purchase, twin pent-house Apts. in Brigade Orchards to my baby girl with a settlement of 60L to my wife along with an agreement that i will be with my baby girl whenever, i wish.

So now i got the Answer my-self.
believe what i do !
do what i believe !
.. am always, Known little - Unknown Ocean.

Thank you for the understandings.
Biswanath Roy (Expert) 31 May 2015
@ Mr. Tenth Planet,
I do not find anything wrong in the opinion of Learned Expert Mr. Kalaiselvan neither it is touching your Gabardine nor it is unwanted. Besides, you must know that experts of this podium are advising you according to their legal knowledge and experience, which cannot be taken up by you otherwise. We are spending our valuable time for giving free opinion and advises but in turn we do not expect criticism.
SAINATH DEVALLA (Expert) 31 May 2015
Dear Planet,
U have no right to criticize the opinion of any legal expert of the forum using the language of UR own.Better mind UR words when U are replying to the concerned expert.No opinion is given blindly to the querist and we have a responsibility to enlighten the needy with valuable suggestions.If U are not satisfied with the reply given or if U think it is not apt to UR query better rely on UR local lawyer who will be by UR side in the court. 90% of the experts take out their valuable time of their daily routine to reply to the needy in the forum.Hence if U are impatient U are free to be at the mercy of UR lawyer.These things I have been repeating time and again that the querists should maintain decent language when posting their queries.No doubt U may be in need of valuable advice from the forum,.but if U present the same to UR local lawyer,his ego will come into existence and he will act according to his knowledge only.
Guest (Expert) 31 May 2015
Mr Tenth or whasoever Planet you are,

It is nice to know that you have rated yourself as:

"believe what i do !
do what i believe !
.. am always, Known little - Unknown Ocean."

But, when you have criticized, Shri Kalaiselvan, you have revealed merely nud filled in a pond of water (not a little ocean).

Moreover, you have pretended as if you are the judge of your own cause, when you state, "Mr.Kalaiselvan, except your good-self all others Experts have presented so decent answers." Not only that, you have preferred to issue direction to Shri Kaliselvanm,"Learn some mannerism while presenting, dear Mr.Kalaiselvan," which reveals as if you treat yourself as the supermost teacher of the world or the boss of Shri Kalaiselvan.

Is not it strange that you are seeking advice FREE OF COST and still trying arrogantly to dictate terms to the experts? Please don't mind, TO BE FRANK, from your response to Shri Kalaiselvan, I CAN WELL JUDGE THE REASON BEHIND, "huge fights and mis-understanding," BETWEEN YOU AND YOUR WIFE, I.E., YOUR ARROGANCE!

The question arises, when you were the little ocean and could differentiate well between the good or bad advice out of replies of various experts, asking your question at this site was quite irrelevant by pretending to be quite a knowledgeable person, rather more than that of the experts. So, you could well have known the solution to your problem also without consulting anyone.

Still further, If you can afford and have decided to offer your 3rd-purchase, twin pent-house Apts. in Brigade Orchards to your baby girl with a settlement of 60 Lakhs to your wife, being a rich person, you could well have afforded petty fee of any local lawyer for consultancy. SO, I WONDER, WHY YOU PREFERRED TO SEEK FOR CHARITY SERVICE THROUGH THIS SITE.

WAS THERE ANY SPECIFIC REASON FOR SEEKING CHARITY ADVICE FOR YOURSELF?

SAINATH DEVALLA (Expert) 31 May 2015
"Believes what he does and does what he believes"after obtaining the required assistance dumping the assisted in the drain.He must have done it to his local lawyer,and at the end of it he speaks as if he is Swami Vivekananda.
Guest (Expert) 31 May 2015
Sainath ji,

It seems, as if he believes only in devasted family life.
SAINATH DEVALLA (Expert) 31 May 2015
That's right
Rajendra K Goyal (Expert) 02 June 2015
Excellent wording by respected Biswanath Roy, SAINATH DEVALLA, PS Dhingra ji. Thanks.


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