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Rajahpandiyan (TSE)     23 April 2014

Seperate from my wife since (3years)we got married

I'm a 28 yrs old and married in Chennai on 16-Aug-2010 and currently residing in Chennai. We both are working in different reputed MNCs.

We were in love and we actually had intercourse before marriage and she got conceived and we got married when she was 4 months carrying., She gave birth the same year by 30-Oct-2010

My Wife is Christian and I'm Hindu., However my marriage happened in a temple very simply and was registered under christian marriage act as if it happened in a church.,

From the day we got married she denied staying in our home together with my parents.,

I'm the only son for my parents and I don't have any siblings either.,

I'm the only one to take care of them as they're aged and not well too.,

Before the Child birth and after the marriage she was in her home stating that my home is not comfortable to live with (we were in single bedroom house rented)

Because of this reason we shifted our house to 2 bed room Apartment., Still she denied staying with my parents and insisted on em to km out of my house and leve either with her mother or separately near her house itself, (however she has a elder brother living with her mom)

Her mother called Up and threatened that if am not coming out of my house and living she'll file a complaint against me as am forcing for dowry., Hence we approached the nearest women police station with a petition to send her to my home to live with me.,

There wife's family gave a statement as 90 days after delivery she'll km and live with me.,

Its nearly four years, We never stayed in my home together after our marriage was registered.,

They were forcing me to change the religion too.

Initially I use to go to their house in weekends alone and spend time with her as they insisted on that at least by then., Later that was a problem too.,

In between in these 3-4 years If I call her and try to speak to her, Her mom will call and shout that why am calling her daughter and screwing up her happiness.,

Now after years they are saying they going to arrange some people (Like gundas or big shots) for some panchayat kind of thing, But few months back my wife was asking me for a mutual divorce still i was requesting her to re-consider living with me.,

Im Earning oly 22,000 an she will be earning around 25,000 and they've properties in their native , where as I dont have any property other than a bike on my name, However Im still in a rented home and I'm the only one earning in my home.,I've a loan on my Name which i took for my Father's Surgery

Not sure on how to proceed with a divorce or approach if they are going to bring people for panchayat.And will I still need to give alimony if they demand, Will court consider my financial situation.

Please advise., I really apologize for such a long post, Just wanna make a clear descriptttion of the current status,.
 



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 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     23 April 2014

"my wife was asking me for a mutual divorce still i was requesting her to re-consider living with me.,"

You have to first decide, that you want divorce or you want to live with her, if you want divorce, then it is better for both and without any dispute you get divorce by mutual consent,

so far as alimony is concern, it depends on the court and demand of your wife with evidence.

Court definately consider your financial status..

ANAMIKA VICHARE (LAWYER)     24 April 2014

If u also decide to give consent thentell yr wife, you wll give only consent, no alimony, property, good chance for you

Rajahpandiyan (TSE)     24 April 2014

HI Mahesh, I waited for my Wife for 3 years and Now afraid that Its never gonna happen as she don't show any interest on the same and never lived with me after marriage., So its better for me to go for divorce rather making my old aged parents more worried about me on this., Please advise on the best way to get a divorce as I'm not in position for any alimony considering my current financial situation.

Mahesh R. Sonawane (Lawyer/Fight for justice)     24 April 2014

"was registered under christian marriage act".

means your marriage registered as per provisions of C.M.A.

Divorce is not an easy task among Christians.

"The bible says What God has united , let no man divide/separate."

the christian marriage act for marriage only , not for divorce. for indian christians - the indian divorce act applicable.

so you have to go by provisions of  christian marriage act as well as the indian divorce act.

SO FAR AS ALIMONY IS CONCERN IT DEPENDS ON YOUR INCOME AND FINANCIAL STATUS.


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