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Manish Mulani (Consultant)     31 August 2014

Help needed for getting divorce.

Hello community,

     My wife first tried failed false 498A, later went her parental home & filed CrPC-125 & there on DV case against me. I repeatedly kept replying to magistrate that we want to take girl back if she apologizes for her deeds but girl is nether willing to come home nor she wants to divorce us. She shamelessly replied to magistrate that she only needs maintainance from me. Interestingly, girl has claimed in CrPC-125 that we are not taking her back.

I myself being doctor she had claimed in DV of beating her publicly. Such a harsh blame on person like doctor, I even have affidavit of some persons rubbishing her claims.

Our first intentions of bringing her back to save marriage were true but it seems that she is in mood of extorting money from us & now we don't want to bring her back. Marriage has been 2 years  months, she left home 10 months ago.

Kindly provide suitable advice to get rid of her.

Thanks,

Manish

 

 

 

 



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 August 2014

At this point you do not have the ground of desertion available to you as she has left only 10m ago. However, consult a good advocate and discuss all the facts till date so that it can be assessed whether the ground of cruelty is made out from the facts or not. If yes, then file for divorce on the ground of cruelty.

Laxmi Kant Joshi (Advocate )     31 August 2014

Manish you have not mention that she is a working or non working lady, any kid ? if she is a working lady and getting handsome salary then court will not grant her any maintenance, regarding your dv case move an application in The same court u/s 91 crpc and asked her evidence for her allegation if she failed to produce so or submit false and fabricated documents as evidence then again file another application u/s 340 crpc for perjury in the same court , exhibit your evidence before the court and prove all her allegation are false , make a request to the court to dismiss her petition , you can file divorce u/s 13(1)(i-a) of hindu marriage act on the ground of mental cruelty as she had filed false cases upon you .

Manish Mulani (Consultant)     01 September 2014

Hello Community members,

    Thanks for your support,

Laxmi kant joshi sir--  She is not working & no kids but she is graduate & I think can earn good salary. She also has know how of beauty parlor work. Can we include this as a point to reduce our maintainence in case it gets passed.

Archana mem--- My lawyer advises to file RCR, once that gets filed and comes in our favour then file divorce. Is this the correct method or we can file directly as on grounds of cruelty as you & laxmi kant sir are suggesting.

Manish

 

  

Adv k . mahesh (advocate)     01 September 2014

rcr means again requesting her to stay with you and a limit of one year after only you can file divorce petition 

try to talk to her and convince her for mutual consent divorce before going through this mental agony mutual divorce is very easy and also time bound were you need not have any pressure because all the terms and conditions will be well drafted after the consent of both parties


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