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Orion (Partner)     25 April 2013

Avoid divorce

Hello,

I would like to have advice on how to avoid a divorce wanted by my wife. The reason she gives is just incompatibility and says that things cannot be reworked. There are no other issues from my side. We have been married for 8 years. I would like to save this marriage but she is forcing for a mutual consent. I would like some sincere advice on how to deal with this as I feel cheated. If there were any reasonable faults then I would have agreed but for no serious reason if she wants a divorce saying that there is no communication etcc...then we have to come out with a rule book or user manual for a marriage. I do not want to let go of this marriage and am sure this can be turned around if she accepts just one last time. Any legal aspects to be thought of.

 

 



Learning

 5 Replies

Tajobsindia (Senior Partner )     25 April 2013

Legal remedy as follows;

1.    Ask her to go ahead and file divorce. It is obvious with mushrooming of Family Courts pan-India the suit matter will get admitted in a Family Court which is established as per FCA, 1984.

2.    The first court proceedings in Family Courts are to send parties for counseling. Here instead of opting for family court appointed counselors, search before hand a private counselor and place Application for sending parties for minimum 10 counseling sessions to this private Counselor.

3.    Above will be allowed as per S. 10 of FCA, 1984 don’t worry and now try reviving your sinking family (luck) even if she does not show joining in such sessions but she cannot avoid such Orders of the FC which translates she will join atleast 1-2 and if she does then take things from there..........

4.    Private remedy (as in Social which will forthcome by other repliers) are not suggested when facts leading of two un-willing couples in todays fast packed metro lives here it is waste of time – efforts/investment and in such situations amicable parting company by spouses and to remain as best of friends is best course of joint action one may follow.


FCA = Family Court Act
FC = Family Court

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

agree with Tajobsindia

Orion (Partner)     26 April 2013

Absolutely no infidelity.

Feeling Cheated because...for  vague reasons citing incompatibility and different likes, when one decides to walk out of a marriage inspite of repeated attempts to work it around. There seems to be no value for relationships these days. If marriages can be cut off so easily citing incompatibility then  I feel no marriage will survive. When a man goes saying incompatibility, he has to offer a lot of explanations and then maintenance etc...

It is like wasting my years of life that I struggled to put my business together for a happy future family. I do not want to let go so easily.


(Guest)
Originally posted by : Orion

Hello,

I would like to have advice on how to avoid a divorce wanted by my wife. The reason she gives is just incompatibility and says that things cannot be reworked. There are no other issues from my side. We have been married for 8 years. I would like to save this marriage but she is forcing for a mutual consent. I would like some sincere advice on how to deal with this as I feel cheated. If there were any reasonable faults then I would have agreed but for no serious reason if she wants a divorce saying that there is no communication etcc...then we have to come out with a rule book or user manual for a marriage. I do not want to let go of this marriage and am sure this can be turned around if she accepts just one last time. Any legal aspects to be thought of.

 

 

 

Ask her to withdraw divorce petition.

Adv k . mahesh (advocate)     26 April 2013

1.  the steps whcih you are following is not the way as discuss her and take journey using help of any midiator

2.  as mutual cosent divorce take 6 to 1year so opt out and regularly talk to her like newly married couple do not talk about the ongoing your issues only talk happily

3.   if children are there take come every alternately outside

try those steps and see the change  


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