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applying for divorce

(Querist) 12 June 2008 This query is : Resolved 
i got married last june in my native town. both of us are doctors by profession .she lived with me for a period of two months only.in sep 2007 she left me and living separately til now. she made simple things become big quarrels every day in those two months . she used to threaten me that she will commit suicide often . she is very much egoistic. her father and elder brother are lawyers by profession. thay came to my pklace on the day of separation and dealt with us in a aggressive way.. i and parents were verbally abused and got rash comments.rthey also told us that thay are capable of doing anything as they are lawyers. after 2 monthe i called her over phone.talked with her for an hour. she was not interested in talking with me. answered in mono syllables. finally she said that she she will reply that night. but didn't. till now there is no communication from her. she has also chanmmged her mobile no.now aftre all these harassment i am at the decision to bget legally sepsrated from her. please provide me the needfull advice
saravanan (Querist) 12 June 2008
please give me your best suggestions and legal advice
Guest (Expert) 12 June 2008
Simply because the brothers are lawyers, they cannot have a better say in the matter. If you think that the marriages is broken, then create evidence of the non-living together attitude of the girl. Write letters with a copy for yourself, explaining the indiffereences and put out all you feel about her. With sufficient evidence regarding serious indifferences between both of you, you can persuade a family court to grant divorce.

Is the Lady doctor after your money or something like that. If there are no such ambitions, then she may also concede for a divorce.

In India evidence matters, that too written start writing and try to get replies from her. If she is mum, write issues and replies so that her intentions can be exosed before the court.

It will be struggle worth taking if your marriage has really broken.
Manish Singh (Expert) 12 June 2008
If you both are agreed to get separated, then file a divorce petition on mutual consent. it has been one year for your marriage and you can easily get divorced.
Srinivas.B.S.S.T (Expert) 12 June 2008
Please Please never directly ask for divorce. This would be a suicidal attempt. If you file a divorce petition or bring the topic of divorce before your wife or inlaws. The next step would be a case of 498A against you and your family members. All of you have to suffer. Instead of going for a divorce petition file a petition under Section 9 for restitution of conjugal rights. The we can see their reaction. Listen pal i am feeling shame to say that now a days most of the 498A cases are used as a tool to fetch more amounts from legally weak ofspouse in alimony bargaining. So i do suggest you to file a restitution of conjugal rights petition setting aside the behaviour of your wife and her realtives and stating that you are still interested to live with her. If you have any doubts you can free to contact me over here ok? all the best to you.
arunprakaash.m. (Expert) 12 June 2008
wait for some more time. minimum one year must be passed for divorce proceeding. now you can go for cojugal rights.
Aniruddha.P.Pawse (Expert) 12 June 2008
Breaking a marriage is easy. Divorce and war should be the last alternative as both destroys and their are no gains.Try to reconcile and file petition for conjugal rights
Rgds,
SANJAY DIXIT (Expert) 12 June 2008
Before one year of marriage, you can't file a suit for divorce. You may put it with application U/s 14 HMAct showing some urgency.


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