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Ritwik (IT)     24 August 2016

Contested divorce - what do you legal experts think of this?

From the varios judgements where Husband granted divorce on the ground of 
cruelty and dissertion, I summarise folllowing facts - 

1. It's a long process (7-8 years), if at least, a husband wins a contested divorce

2. There are citations showing if wife insults husband in fornt of ofiice staf,
   husband has a chance to get divorce, but when those things goes within four walls. even perpetually, it is hell of a difficult to prove.
   
3. Denial of s*x without having any medical ground for a prolonged time is a valid ground, which again is very difficlut to prove.

4. Wife does not take part in any social function with her husband causes social insultation and humiliation. I have not seen any judgement 
   related this.
   
5. Wife and her family filling the mind of child against husband and his family causes immense pain. I have seen one judgement 
   helping father in improving status of child custody in his favor, but though it is cruelty against husband, no judgements 
   found related to this.
   
6. Wife goes to her parental home along with child wihtout taking consent and does not inform when she is coimng back causes mental pain, again no judgements found.

7. Wife insults her in-laws causes mental pain, no judgements found.


I can make this list much longer and stopping for the sake of brevity. Point is, even though, there are umpteen facts which 
may cause mental pain to husband, he has very little options to convive court that it is unbearable for him to leave with 
his wife. And then again, there are maintenance issues. Even if the wife is educated enough to find a job and maintain herself,
court does not notice that. If and only if wife is working, husband gets a relieve from paying maintenance.

In case of child custody also, concept of shared parenting is more discussed that implemented. Most of the time 
courts are hell biased to grant custody to mother. 

Last but not least, once you file divorce, you invite criminal cases like 498A, coupled with DV and so many other charges.

Ask lawyers  (not all) and they will tell you to go for MCD paying one time money. In fact there is a noticeable percentage of 
lawyers, those who have not handled even a single case of contested divorce in their entire life.

All the above facts bring frustration beyond limit to husbands I believe. What do you legal experts think of this?



Learning

 2 Replies

ramesh   25 August 2016

thts true judiciary is 99% biased in favour of woman, its like a mockery for a innocent man

whatnot   25 August 2016

Good list. If you can post relevant case citation that would be of immense help.

 

By default, Indian courts don't favor divorce. It is in the DNA that marriage is sacronant. And more I see it, I tend to agree with Court.

 

In marital life, there are three things one seeks justice from the legal .

1)To inflict pain to other person

2) Hope that life will get better san the current partner.

3) Get atone of all blame game

 

No matter what one's idea of a partner is, there is no ideal partner. But like dog chasing its' tail we tend to look for one and when the other person fails being ideal, we seek separation. Education has only accelrated the situation. Instead of understanding and compassion we become adversaries in short time.

There was joke about woman marrying man for the qualities that he has and then try to change man for the qualities he posses!.

Nowdays it is big circle jerk. All parties are losers no matter what.

It takes two to tongo.

 

The only ideal scenario in break up is:

Stay away fro a year. Don't contact directly . But through third party well wishers. Friends preferred.

File RCR. Atttend dates. Get decree. It takes 18 months.

Stay away for one year. Send notice of divorce . Let ball roll. Get divorce (2-3 years. As per recent verdict, move to the high court for faster releif. But again it's chance)

In the time either one goes using backpage.com or goes in religious way.

 

 


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