Divorce advice via mcd


Dear All,

I have been visiting women cell in Delhi since April 2015, where my wife filed a 498a case against me stating multiple false allegations such as domestic voilence etc. We are seperated since Jan 2014 (2 years now), when my wife left for her parents home with our child..

We have been through:

1) Councelling by our investigative officer, 2) Mediation by high court lawer visiting as mediator (where a good amont of money suggested by mediator lawyer was agreed by me but she refused)

Initially my wife alleged me for all false things and asked for mutual divorce there and then the proceedings were done. I have put my version in front of both investigative officer and mediator. In both phases I have proved all allegations wrong against me.as I have electronic proofs like messages, e-mails and call recordings held between me and my wife which clearly says it all.

Just to put some light on what I and my family have gone through:

1) We have faced unbelievable mental tortures such as that my wife alleged me of having "illegitimate (najayaz) relations with my own mother"... Now you can imagine how cheap and pathetic mind she has. And this all is said just because I am close to my mother.. (And who is not? every child is close to his/her mother)... This is the sacred relation that GOD has gifted to all.. humans and even animals..

2) My father expired last year and before three months of his demise, she started saying/alleging that all what she said about me and my mother is what my father told her... this was her 2nd pathetic behavior.. I mean how can a father say all these crap about his wife and his son... and she is saying all these more at women cell since he expired... but unfortunately for her all was proved wrong by me via the electronic proof I have and showed at women cell.... 

3) She and her family have done a lot of bad things since then such as going to banks where my father had his saving account and saying that all the money belongs to her through my child (we have a son)... and which eventually bank denied...

So, finally its 10 months now at women cell and now the situation is that she has taken a U-TURN  since two meetings now and say that she want to come back.... just to mention that she says it there only and after the meeting she never contacts me...

which I dont even care as after what she and her family has done I dont want to be with her anymore and just want to be free and move on in life... 

So, I would request all to kindly suggest me how can I get a mutual divorce from my wife? Can I get it from women cell? even if she is not willing now? or do I need to file a divorce case legally in court?

And can I get divorce legally in court on the grounds I have stated above?

PlZ HELP

 

 
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Advocate

 

The false and defamatory allegations made about your relationship with your own mother by your wife is good enough ground for seeking divorce from her that you can individually apply rather making her to agree for divorce by mutual consent and moving joint petition in the Family Court.

I would advise you to without waiting for any decision from the women cell or mediator where you are being force or asked to take her home back for which you can always refuse, just move ahead and engage some good experienced advocate for filling petition for divorce in the family court in Delhi.

 
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Advocate

Sir,

 

I don't think she will agree for mutual consent, rather the best course of action would be to go for the Divoce on the ground of cruelty.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 
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Advocate

Sir,

 

I don't think she will agree for mutual consent, rather the best course of action would be to go for the Divoce on the ground of cruelty.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 
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instructor

i suggest you take the copy of her statement submitted in the woman cell and file the divorce case on the grouund of cruelty in the family court .
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

 Please see my profile to know the drawbacks of any mediation / mutual consent divorce.

 

Please focus in speedy trial and perjury.

 
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Thanks to all for your feedback...

@ Renuka Mam, Mr. Vijay Raj Ji, Kapil Ji, Laxmi Kant Joshi Ji and Rocky Ji.

There is no point in joining back with her... but now the concern is if I go for filing a divorce case in court legally on ground of cruelty... as suggested by Mr. Vijay Raj Ji, Kapil Ji, Laxmi Kant Joshi Ji and Rocky Ji too... but then it will surely be time consuming.. may even be in years...and there are advices by Rocky Ji too for not going for MCD... so it is a bit confusing and I am not able to get what will be the right path to get divorce... is it filing legal divorce case in court or going for MCD (if my wife also agrees)... as one thing is clear that I can not move ahead in my life personally till I dont get Divorce... Kindly put some more light and help explaining me plz...

 
Reply   
 

If wife agrees, MCD is the best option but if wife doesn't agree then you have to go for contested divorce. If other party comes for settlement, go for it but don't show that you are in a hurry to get divorce. What is your plan for the child? Do make sure you keep in touch with your kid.Good luck.
 
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Manager

Originally posted by : shivedh
Thanks to all for your feedback...

@ Renuka Mam, Mr. Vijay Raj Ji, Kapil Ji, Laxmi Kant Joshi Ji and Rocky Ji.

There is no point in joining back with her... but now the concern is if I go for filing a divorce case in court legally on ground of cruelty... as suggested by Mr. Vijay Raj Ji, Kapil Ji, Laxmi Kant Joshi Ji and Rocky Ji too... but then it will surely be time consuming.. may even be in years...and there are advices by Rocky Ji too for not going for MCD... so it is a bit confusing and I am not able to get what will be the right path to get divorce... is it filing legal divorce case in court or going for MCD (if my wife also agrees)... as one thing is clear that I can not move ahead in my life personally till I dont get Divorce... Kindly put some more light and help explaining me plz...

My 2 Cents....Everything will take its own time and course.

Even for a baby to be born it will take approx 9 months correct??

So as suggested by Rajkumar - Wife agree get MCD. IF not Contested divorce and Child..Custody and so on......

Especially Indian Courts are delay Centers...they are some several lakhs of cases pending and being added to Indian Courts...

There is nothing like Instant Coffee or Instant Verdict.

A celebrity hit and run case started somewhere in 2002 and got dimissed in 2015 due to lack of evidences.....So be careful before entering the courts...and no body knows how much TIME it will take.

 
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