syam ( ) 19 April 2016

Apply divorce to wife

Hi Sir,

My wife put up 498A on me and my family in 2014 and demanded 30laksh. in 2015 she with draw case on me bcoz i said i refused to give money and asked her to meet in court. from the time she left me in 2014 she is not with me . today i came to know that she went to Johenburg thorugh her Job. when i asked her to come back and lets start new life. she is keeping conditions like

She can only come after DEC 2016 , and she will give 20 % of her salary to her parents for maintainance , She will pay all her par loans and chits.

I asked her I am not going to accept this conditions bcoz there parents are reason to keep 498A on me and my family in 2014.

Please advice i am not ready to waste my personal life anymore. She is saying that she dont give divorce. I cannot trust her anymore...

One of my friend adviced me to get another marriage as she refused to come and my time was lost.

She will do what ever her par says.

1) I would like to marry other girl before my first wife come it would be lesson for her . i would llike to give divorce to her . Please advice.

There is no dowry during marriage time.

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9 Replies

ramesh 19 April 2016

Shyam it would b foolishness if u took tht woman back in ur life, another thing india judicial system is 90% favorable to woman, its nt so easy to tke divorce till u can prove her in adultry, although during divorce u hav to pay maintenance to her. So i suggest instead of going for divorce file section9 frm sm gud advocate. Actually other thn tht a man dont hav any option. If she ll deny it ll help u in divorce time period would b 3 to 5 yrs minimum. O u try for mutual divorce also if she is agree.

saravanan s (legal advisor) 20 April 2016

and also till you legally divorce your wife you cannot contract a second marriage otherwise it would amount to bigamy and it will complicate things

sudhakar (advocate) 20 April 2016

i agree to expet opinion

Anand Bali Adv. (Advocate Solicitor & Consultant) 20 April 2016

You can not get a Divorce with your both mutual consent so it is better you file a contested Divorce petition against her on the grounds of cruelty against you as to filing wrong cses against you and demanding extra ordinary money from you for her parents.and so on. You only can get marry an other girl after you get a divorce from court so start the proceedings accordingly in your case the summoning process also take much of the time as the notice of court has to go through the Indian embassy and her employer in India (if so).

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Vijay Raj Mahajan (Advocate) 21 April 2016

As a daughter if she want to contribute portion of her salary to her parents its her prerogative for which objection from you is not reasonable. She want to repay her loans and chit funds too. She is not asking any financial help from you if she returns back to matrimonial home in the end of 2016. With such conditions I don't think any court will hold it unreasonable. Yes its correct you are not ready for such conditions but for divorce you hardly have any ground. The filling complaint against you and family by itself doesn't make ground of cruelty as the prosecution never took place and you never charged and acquitted by the court at any time. She will not agree for divorce by mutual consent unless you pay her Rs30 Lakhs that is neither agreeable nor you can afford it. You are in very bad situation and need to give deep thought as to how to work out the problem. Remarriage at this stage may not be good solution as you can't assume the second one better than the first one.

(Guest)

Method 1 - Kiccha Sudeepa, Hrithik Roshan, Prabhudheva are few examples that justice can be brought, they all took mutual consent divorce by paying hefty one time alimony.

Method 2 - At the same time, there are people like Prashanth, Arvind Swamy and lakhs of other people who did not succumb to pressure tactics of wife who roam to court very religiously in the hope to get divorce decree.

I suggest you follow Method 1. Go for live in relation as marrying without divorce might cause some problem.

Sudhir Kumar, Advocate (Advocate) 01 May 2016

you propose marry for second time without divore and you think that it is lessor for her

ha ha aha

is it a lesson for her or for you?

better meet someone who had been in jail and can tell you expriences of inhuman treatment. and be convinced that indian jails are not as rosy as shown in movies.

Sudhir Kumar, Advocate (Advocate) 01 May 2016

refer

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=1#.VyUv6yFMzwo

Anand Bali Adv. (Advocate Solicitor & Consultant) 01 May 2016

I admire the advice od Mr Sudhir Kumar as without taking a court Divorce you can not get marry a second wife as it is a penal offence.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

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