Unknown Identity (Vendor) 13 February 2014

Advice required

I am married for 2 years, but my wife and I have been living separately for 18 months. My wife deserted on her own and I have got some evidence who is our next-door neighbour. I tried to reconcile with her, but her conditions are unacceptable. Hence I abandoned the process of reconciliation and now there is no hope of reconciliation. Here I would like to know the legality in the divorce and how long will it take to grant the divorce by the court.

(i) Can I apply for divorce now considering two years of marriage or Do I need to apply after 6 months based on the deseration for 2 years.
(ii) Shall I apply for RCR, if she doesn't appear for procceeding then I can app
ly for divorce based on it.

(iii) What can I do if appears for RCR proceeding and says now she can reconcile with me without any condition attached.
(iv) How long will it take for the court to grant divorce, considering the fact that I am the only son in my family and my wife's behavior is intolerable and unpredictable. Both are well-known facts.

Reply Follow

3 Replies

Aniz Patel (Supervisor) 13 February 2014

I got married (court Marriage) in 2007, I was slapped 498 A in 2009, was in judicial custody for 15 days, then bail was granted.

My biggest mistake, had a second marriage (Court Marriage) in 2008.

I have been slapped a IPC 494, in 2010, discharge for second wife has been rejected by lower court.

how to come across, giving first wife a divorce & settle all the cases.

Mutually first wife is demanding more than 10 lacs, which is out of question.

Please help

(Guest)

advice need

Attached File : 541443720 hi.docx downloaded: 66 times

Samir N (General Queries) (Business) 14 February 2014

@bharvi,

I used to participate actively in this forum but have retired partially...

Yours is a very interesting case indeed. I went through a similar case (of course, I am the husband) and my wife was in India and she started telling a story that sounded like yours and a series of falsified cases were filed against me all of which were thrown out. I finally got divorced and I am a free man... never going to marry again.... At the end of it all, she confessed that she was wrong and regretted filing for divorce. It wasted my years as well as hers.

Anyhow, to make a long story short, based upon my experience I would advise you to look at life from a long-term perspective. It is clear (presuming that you are speaking the truth) that you have not landed yourself in a good caring family. You have no children and you are certainly well-qualified. So... think hard. Is this the person and is this the family you want to spend the rest of your life with? If so, do everything possible to save your marriage and only after you have exhausted all avenues to reconcile think of divorce. If not, forget it as a nightmare, seek divorce by mutual consent and move on with your life. Otherwise, you will spend years trying to put things together which were never meant to be together. And it will be too late to start a new life.

Also, take a hard look at your own action and reactions (to his actions) whatever they are. Do you truly feel that you have been a good Indian, traditional wife? Take a hard look at yourself in the mirror. If you find any flaw there, not physically of course, but in terms of your behaviour, do not destroy his life either.

Finally, be guided in your decisions by elders and very close family members and not by lawyers or friends. Do not be vindictive in legal matters... Divorce is always a lose-lose situation for both parties. Nobody wins except advocates. Whichever path you choose, keep lines of communication open with the other party and try to settle things, divorce or otherwise, with least amount of acrimony. The maximum toll such matters take is not on your pocket but on your psyche.... Remember that. GOOD LUCK!!!