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Discussion > Family Law > Divorce > Is this a valid reason for divorce?   Unanswered Threads Post New Topic

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There are 15 Replies to this message


Ship


consulatnt
[ Scorecard : 28]
PRO CHAT CALL
Posted On 11 July 2012 at 15:29 Report Abuse

Hi,

I got married in 2008. We have 3 years old daughter now.

In 2008 I was convinced by my father to get into an arranged marriage with my current husband even when I was in love with another guy.

Here are the reasons why I am looking for divorce now:

Since 2008 we have stayed more apart than together as his job's nature takes him to different countries for work. During my pregnancy, he was with me for only 1 trimester.

I have never felt a sense of belonging and love with him. I have been taking my child for all vaccinations, schooling and relocating to the new house on my own. He calls me but never present physically to support me.

There is no physical intimacy between us. I feel mentally and emotionally drained when I am with him. The marriage is suffocating me. Please let me know if I can file for a divorce on these grounds.

Thanks.



Tajobsindia


Senior Partner
[ Scorecard : 16546]
PRO CHAT CALL
Posted On 11 July 2012 at 15:56

@ Author,

1. Plain reading the marriage seems to be dead for all its practical purposes!


2
. BUT that is not enough given to see buoyant Laws of the land.


3
. See / feel his pulse if facts can go “Mutual Consent Divorce” way and/or as “judicial separation” terms. Both / either options are quicker in presented brief facts as better alternate to just a plain vanilla divorce civil suit which with time turns into contested one and precious youth of parties gets wasted sightseeing Courts.


BTW, ever thought to sit with an seasoned Advocate locally to iron out long term just remedies?


dr.pawan rajyan


member and secretory
[ Scorecard : 594]
PRO CHAT CALL
Posted On 11 July 2012 at 16:39

mutual consent divorce is best option.regards


Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
PRO CHAT CALL
Posted On 11 July 2012 at 16:42

The marriage seems to have broken down irretrievably, which is not ground for divorce in India. With the exception of the Supreme Court, no court in the country can grant a divorce on the ground of irretrievable breakdown of marriage. Hence, the only way out in your case is a mutual divorce. 



Total thanks : 1 times

R.K Nanda


Advocate
[ Scorecard : 17182]
PRO CHAT CALL
Posted On 11 July 2012 at 16:52

Yes, u can file divorce petition on the dround of mental creulty in family court as ur marriage is dead like a stone.

If ur husband agree for mutaual consent divorce then go for it.


Ship


consulatnt
[ Scorecard : 28]
PRO CHAT CALL
Posted On 11 July 2012 at 18:35

Thanks all for your reply.

As per my understanding, in case of mutual consent divorse the custody of the daughter remains with the monther as she is under 5. Is this correct ?

We also have purchased some property within these 4 years. How is that divided between the two of us after divorce? Does this depend on mutual consent ?


Thanks & Regards.


Ship


consulatnt
[ Scorecard : 28]
PRO CHAT CALL
Posted On 11 July 2012 at 18:37

Thanks all for your reply.

As per my understanding, in case of mutual consent divorse the custody of the daughter remains with the monther as she is under 5. Is this correct ?

We also have purchased some property within these 4 years. How is that divided between the two of us after divorce? Does this depend on mutual consent ?


Thanks & Regards.


Adv. Bharat Chugh


Advocate/Legal Consultant (bharat.law06@gmail.com)
[ Scorecard : 10327]
PRO CHAT CALL
Posted On 11 July 2012 at 20:10

Everything in a mutual consent divorce is flexible. You are the best judge of all the terms and conditions and what you get depends on your bargaining capacity. 



Total thanks : 1 times

aditya vadali


LAWYER
[ Scorecard : 399]
PRO CHAT CALL
Posted On 11 July 2012 at 20:14

COnvince him get get seperated through mutual consent Divorce. 

Good Luck.


Advocate Bhartesh goyal


advocate
[ Scorecard : 5318]
PRO CHAT CALL
Posted On 11 July 2012 at 21:26

you can get easily divorce on the ground of mutual consent.For devision of property settle the terms and conditions.





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