How to get divorce - stuck in complex situations


Hi Legal Experts,

 

I am Narayana from Andhra Pradesh, married to sister's Daughter from TamilNadu.

I got marriage in Aug'2012 and my wife stayed with 7 months and after she stayed in her mothers home.

We got a kid that time, now he is also along with mother. 

Let me put info short as much as possible.

1. She absconded 3 times (Bangalore, Nagari, Nagari places) from me

Initiatlly she blamed on me not to keep parents, my other brothers, sisters at my home, put a compliant in TN ladies police station, we went on comprises. - 1st abscond

2nd abscond - after compromises i kept at Nagari she abscond with father that day night

3rd abscond - i was physically fractured(2 legs broke) , i was on bed rest almost 1 or 2 years that time came on 1 day, seen again absconded with her parents.

In-laws try thretan all 3 times in my carrer, i have lost on them.

Due to relation not spoil my father not agreed to complain against them in police station.

I am Separated since June'2012, living independent.

We did not apply any registered marriage certificate until now.

I can't live alone anymore now,  What is the best way to get divorce?

 

Could pls advice by considering above points.

 

 

 

 

 

 

 
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Advocate

File divorce case in the Family Court under section 13(1)ia &ib of the Hindu Marriage Act,1955  on the ground of cruelty and desertion of more than 2 years against your wife. The wife will be sent court summon to appear and defend the case, if she defends it and has any sufficient grounds the court will consider it too otherwise if she doesn't defends the divorce case, court will proceed ex-parte and grant you divorce. She may even agree for divorce by mutual consent by taking permanent alimony  and maintenance from you but that too can happen after she appears in the Family Court for defending her divorce case.


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Advocate

Usual course is you take mutual divorce from your wife and that takes 6 months time.

She wont agree to give divorce then you will have to apply for regular divorce.  Alimony issues will come and you will have to keep paying alimony till case is over. You will get divorce but it will be late, say 8 years from today you will get divorce as wife left you on her own.

 

Other option without going to court is going in for live-in relationship.  Dont marry but simply enjoy each other by living under one roof.  This is not illegal.  But I wont suggest it as it will lead to other complex situatoins more worse than the prsent one.

Another method of easy divorce is give fake address of wife in court and take exparte divorce in 1 years time.

 
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Lawyer

File divorce on ground of cruelty.

It is only legal way.

 
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Try for Mutual Consent Divorce that could be the only option. Good Luck

 
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Say my salary INR : 10,000/ how much permanent alimony and maintenance I should pay.(is there any % age calculate or how it happens). If she refuses to come for mutual divorce, how long do I need to wait from now. She keeps on extending the case - I'm not ready to do like this. Kindly provide more on alimony and maintenance for wife and kid
 
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Say my salary INR : 10,000/ how much permanent alimony and maintenance I should pay.(is there any % age calculate or how it happens). If she refuses to come for mutual divorce, how long do I need to wait from now. She keeps on extending the case - I'm not ready to do like this. Kindly provide more on alimony and maintenance for wife and kid
 
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Say my salary INR : 10,000/ how much permanent alimony and maintenance I should pay.(is there any % age calculate or how it happens). If she refuses to come for mutual divorce, how long do I need to wait from now. She keeps on extending the case - I'm not ready to do like this. Kindly provide more on alimony and maintenance for wife and kid
 
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DELHI HIGH COURT ADVOCATE

Originally posted by : Narayana

Say my salary INR : 10,000/
how much permanent alimony and maintenance I should pay.(is there any % age calculate or how it happens).

If she refuses to come for mutual divorce, how long do I need to wait from now.

She keeps on extending the case - I'm not ready to do like this.

Kindly provide more on alimony and maintenance for wife and 

 

Sir, 1/3 of your income may set as maintenance for your wife, this is also when your wife is not working,

Sir, I would suggest you to please go for contested divorce as soon as possible on the ground of desertion and mental cruelty, it will hardly take 2-3 years from now.  

Thanks,

Regards,

Aman Chawla

 
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Posted by: Nitish Banka  Categories: Uncategorized 
 

 

Mutual Consent Divorce -Made Easy

The supreme court on 12/09/2017 in Amrdeep Singh Vs. Harveen Kaur.

Prior to the judgement there was 6 months seperation period between the two motions  i.e 13(1)(a) and 13(1)(b) of the mutual consent divorce.

The idea of having 6 months of separation period is to give reconciliation between the parties.

There were conflicting views by the Supreme Court on this point. While it was held in Anjana Kishore v. Puneet Kishore (2002) 10 SCC 194 that the period can be waived by the Supreme Court in exercise of powers under Article 142 of the Constitution of India, a contrary view was taken in Manish Goel v. Rohini Goel (2010) 4 SCC 393, wherein it was held that Article 142 could not be invoked contrary to a statutory prescripttion. Though the matter was referred to a larger bench to resolve the conflict, the issue got infructuous in the meantime as parties got divorce in the meantime. Recently in 2016, the Supreme Court had waived the waiting period under Article 142.

Image result for mutual consent

The Court held that that the period mentioned in Section 13B(2) was not mandatory but directory,  and that it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there was no possibility of parties resuming cohabitation and there were chances of alternative rehabilitation.

It was held that where the Court dealing with a matter was satisfied that a case was made out to waive the statutory period under Section 13B(2), it can do so after considering the following :

  1. the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

 

  1. all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;…

 

 

  1. the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;

 

  1. the waiting period will only prolong their agony

By: Advocate Nitish Banka

Supreme Court of India

9891549997

https://www.youtube.com/watch?v=ICe0JYNbKv8

 
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