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help_divorce (SC)     13 November 2010

Divorce cases filed by women

If a woman asks for divorce on grounds of cruelty (13-ia) is she granted a divorce easily? Are courts more biased/sympathatic towards women? Is a woman's oral allegation sufficient for her to get a divorce?



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 November 2010

No.

Tajobsindia (Senior Partner )     14 November 2010

1. No


2. She has to still lead evidences


3. As per recent SC Law a party shall be able to prove only 2 grounds out of several grounds mentioned in the Suit then party is entitled for Divorce.

help_divorce (SC)     14 November 2010

can u please explain the 3rd point above in detail?

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     18 November 2010

 

I have certain suggestions to preserve families and to save them:

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

Domestic Violence complaint/FIR must not be registered after 24 hours of alleged incidence as today girls and their families tries to black mail the husband and his family to agree to their demands and if not agreed then they file the case after even many years.

Roshni B.. (For justice and dignity)     20 November 2010

bhaskar jee

i told u earlier also.if u want maintenance system to be banned,file a PIL immediately,before lives of all innocent indian men,saas,sasur,etc.gets spoilt and india is only ruled by daughter inlaws.

please act fast...nahi to haath malte rah jaoge.

agar LCI ke sab members aapse agree karte bhi hai to kya maintenance system ban ho jayega?

choice is yours!

Roshni B.. (For justice and dignity)     21 November 2010

she has to prove the grounds.for example if she says that u were cruel,she has to prove cruelty.

suppose u dont want to divorce her,u collect proofs of how much u love her,by way of your happy photos with her,bills of gifts u bought for her & her parents,any letters,SMS etc u sent her etc.

if u have not dun so till now,start writing her e-mails and registered AD letters and keep doing  so even when she doesnt reply to u.

but write them wholeheartedly only if u love her truly and want to live with her.otherwise let her take a divorce.if u write artificially,any intelligent person will be able to make out that u r doing so only for selfish legal pupose.

keep in touch with her parents,relatives etc also by writing to them regularly on similar lines and keep proofs of all these communications handy.

u also tell the magistrate tht u love her,want to live with her and are willing to undergo marriage counselling.

but b4 saying this,send her a mail that u both shud try marriage counselling.if she doesnt agree show this proof to the judge also that u tried ur best to save marriage by insisting on marriage counselling,and plead for counselling again.....how long can she avoid u?

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     22 November 2010

Roshni Ji,

I am not against maintenenace in geniune cases.Please see the suggestions and do support the points for saving the families.

Thanks

help_divorce (SC)     12 December 2010

hi roshni,

I have tried all ways and means to pacify/console my estranged wife, but she is adamant and wants a divorce. We have been separated for nearly 5 months now and she has filed for divorce under 13(ia). Immediately after she left the marital home, I and my relatives approached her and her parents requesting her to come back, but they refused. I even suggested that we go to a private counsellor, but she refused to come. Initially she used to even allow me to meet my child, nowadays she allows however she and her family members keep passing un wanted comments and keep humilating me. She has taken away all her belongings that was present in marital home. Inspite of all my efforts to bring her back, she is adamant and refuses to come back.

JAYESH (Sr. Executive HR.)     13 December 2010

Hello friends,

 

I’m also suffering from the same pain for last 1 year I had tried my all best to call my wife back in my life. Due to her some unbearable SMS & e-mail communication we had a problem and my wife left me. I do have all this communication with me. Her all relatives are in my favor. Her parents are not ready to see this all communication as I tried a lot but all in vain. Now the situation is that I had filed a RCR (Restitution of Conjugal Rights) under section 9 of Hindu Marriage Act before 8 months from today. Just with a view of my wife counseling in family court. But on very next day my wife filed divorce against cruelty under section (13-ia). Counselors had tried their best to solve my problem & make her understand about her mistake but my wife & her mother did not convince they want to go ahead. Also on the before putting all this worst & intolerable SMS & e-mail communication in court I had tried to talk with them through my lawyer. My lawyer had tried to explain them the seriousness of this SMS & e-mail communication and the worst condition that can happen in court. So my wife lawyer told us that she will try to talk with them, so we got 1 month time but they did not understand and we have to put that all in court. Now they are saying everything is finished as you put all this to insult us. My wife lawyer is also ready for compromise but only my wife & her mother is not ready. The culprit is my mother-in-law.

 

Up till now we are just putting papers in court and getting date no hearing taken place.

Till date I’m trying my best to communicate with my in-laws & wife for compromise through their very near & dear ones. I don’t know what’s wrong with them. Apart from them everybody is in my favor. Now I don’t know what to do. I want to save my marriage life & my lovely daughter life.

 

Please help me LCI’s members & friends.

 

Why not court thoroughly investigate in mental harassment. Just girls had said that her husband is mentally harassing her so all over.

 

Please help me I want to save my marriage life. We had a love marriage. I love my wife so much & I love my daughter so much.


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