Divorcing to wife
Ashish
(Querist) 22 March 2019
This query is : Resolved
Dear Team,
I married on 30th April, 2012 and have one 5+ year old daughter. Our married life has got into lot of downs and finally I am made mind to end relation due to following reasons :
---- Gradually, wife has taken all jewellery items and other her belongings , and put all in her parents house.
----- Have got to know about Extra marital affair ( having recordings/messages ) but not having any proofs of meetings/photograph/video.
----- Few times physically torurered me ( but having no proofs )
She and daughter currently staying with her parents home since 1 month and there is no conversation as I am not willing to bring her back. Can you please help how strong my case could be for divorce and how to deal if she files false cases against me like Dowry / Domestive violence. Also, any chances if I could get custody of child ?
Please guide.
Thanks,
Dr J C Vashista
(Expert) 23 March 2019
Try to find out an amicable solution to the issues after leaving aside your "ego", be broad-minded, have faith in your partner and reconcile .
Do not adventure for legal recourse if you want to restore your married/ family life.
Guest
(Expert) 23 March 2019
Well Advised by DR.J.C. Vashista
Ashish
(Querist) 23 March 2019
Thanks for advise Sir. There is no "ego" but problem is , I have multiple times tried to improve situation but all in vain. Her family also supports for her wrong doings. It is better to end relation rather than being mentally tortured every day.
Request you to provide legal advise.
Thanks.
Vijay Raj Mahajan
(Expert) 23 March 2019
If you're so desperate for ending the marriage, first plan for your daughter as for both of you most important person is this child.
After you separate for ever the care and maintenance of the child till she is grown up to look after herself independently.
As a mother your wife will get custody of the girl child and you will only get visitation right.
Your custody application will be decided on the basis of the welfare of the child and for now the welfare is more for the child if she is with mother.
The divorce by mutual consent is best if you both agree but that seems not likely for now and you have no good ground for divorce and still if you file it chances your petition for divorce getting dismissed is more.
Rest is your decision, your money and luck of the lawyer engaged by you to make maximum amount of money from you by representing you in various cases in the Courts.
Guest
(Expert) 23 March 2019
" Luck of the Lawyer engaged by you"
Guest
(Expert) 23 March 2019
What a Comment by Vijay Raj Mahajan sitting in Advovates forum.
Guest
(Expert) 23 March 2019
Vijay Raj Mahajan should not consider all Advocates as money minded being him self so.
Guest
(Expert) 23 March 2019
Whether Doctors to be said Lucky if they get a Patient.
Guest
(Expert) 23 March 2019
What a Cheap Comment by Vijay Raj Mahajan
Guest
(Expert) 23 March 2019
That too here in this place.
Guest
(Expert) 23 March 2019
Advocate is a Noble and Honorable Profession.
Guest
(Expert) 23 March 2019
Vijay Raj Mahajan this is not the place to pour out your Frustrations and Desperation what ever could be the reason which is left to others assumptions.
Guest
(Expert) 23 March 2019
vijay Raj Mahajan Please dont feel that you are throwing mud on other Advocates only but you are obviously applying it on your own face.----if at all you are an Advocate
Guest
(Expert) 23 March 2019
Once again Repeat ---- Advocate is a Noble and Honorary Profession --- Mind it vijay raj mahajan.
Sudhir Kumar, Advocate
(Expert) 23 March 2019
Such like cases are always "luck of the lawyer". Litigation is not the solution for end of misery of such persons. .
This person doe snot have any proof (as he claims) against any ground of divorce (atleast what he conveyed). he is basically aggrieved against his wife taking jewellery (which never belonged to him). This gives a reasonable impression that his family wanted that jewellery and she found safe custody only in her parental house. house.
Ashish
(Querist) 23 March 2019
She has taken jewellery 6 yrs back and did not have issue regards to it. But what about mentally and emotionally she has been torturing ? Also, I have proofs of all recordings/msgs with that guy she is emotionally attached.
Ashish
(Querist) 23 March 2019
She has taken jewellery 6 yrs back and did not have issue regards to it. But what about mentally and emotionally she has been torturing ? Also, I have proofs of all recordings/msgs with that guy she is emotionally attached.
Guest
(Expert) 23 March 2019
Sudhir Kumar who brands him self as Deputy Manager of some unknown company who initially visited here for his own problem which had been Deleted also for his immorality had started posting advises (illegally ) and posts insulting comments on Advocates here.
Guest
(Expert) 23 March 2019
It could be very well made out that Vijay Raj Mahajan and Sudhir Kumar are here with a vengeance on Advocates as they would have got their own cases not in their favor for some reasons
Guest
(Expert) 23 March 2019
Dear Querist Mr.Ashish Our Advocate Dr.J.C.Vashiista had advised you for a Compromise only for the sake of your child who would be the ultimate sufferer in Divorce.
Guest
(Expert) 23 March 2019
If you are very much sure that there is no scope for a Compromise then First consult and appoint a good advocate of your concerned Family Court and explain him all the details and serve a legal notice and proceed in filing the case for divorce and your other claims.
Guest
(Expert) 23 March 2019
If your self or some one for you could convince your wife for " Mutual Consent Divorce " it would be the best option and the case could be completed in 6 month time.
Guest
(Expert) 23 March 2019
Vijay raj mahajan (jack) and sudhir kumar (Jill ) reminds me of a poem.
Guest
(Expert) 23 March 2019
'Jack and Jill went up the hill To fetch a pail of water ..................... .. Jack fell down and broke his crown And Jill came trembling after ................................please.
P. Venu
(Expert) 23 March 2019
The facts posted by you are inadequate to seek divorce except by mutual consent.
Ashish
(Querist) 23 March 2019
What if she is ready to be separated but do not want to take it through mutual consent. She might first register false cases to make me go through mental torture.
Guest
(Expert) 23 March 2019
There could be no perfect reply basing on assumptions of ifs, buts and mights please
Ashish
(Querist) 23 March 2019
Thanks N.J.S. Rajkumar Sir. my concern was to be prepared for all options. Definitely, I agree that reconciliation is best option to save marriage which I have been doing since 6 years. Rather than situation improvement, It is being turned worst.
Dr J C Vashista
(Expert) 24 March 2019
In the current situation you may move either for restitution of conjugal rights (u/s 9 of the Hindu Marriage Act, 1955) or a decree of divorce (u/s 13 (1)(ia) or (ib) of the Act.
Instigate / provoke your wife (through Court proceeding) for referring the case for mediation and sort out your problem(s)/ issue(s) amicably.
However, you are advised (not suggested) to engage a prudent local lawyer in your own interest.
If you are located in Delhi/ NCR and feel so, may contact me (on appointment) at:
Ch. No 647, Layer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939
