Looking for divorse
Amit
(Querist) 09 February 2014
This query is : Resolved
Dear Sir,
I got married in 2007 and now after several years of endurance and tolerance (from both sides) due to attitude differences, we just dont like each other at all and want to separate from each other. We have two kids ( Elder daughter and younger Son) but both of us fear that what about our kids?
The relation has gone from bad to worse once she showed keen interest in property matters and never let me settle down the same. As a consequence, My parents now don’t like her, even she has hurt me a lot because of this. We had been involved in vigorous tussles too at times.
On the contrary, she curse my parents for what they have done. Now I feel that I am going through the toughest phase of my personal life and even it can be more . Now there is no love, respect and trust left in our relation.
I don’t know how to settle down this matter as our attitude/thinking towards life is totally different.
If you could suggest me the below points than I would be highly greatful.
What would be the legal complications in it?
Do any laws exists for husbands too or is it entirely for ladies ?
How much compensation, I might have to pay to her after divorse?
Would I be allowed to take my kids and look after them ?
Thanks & Regards,
Amit Kumar
Devajyoti Barman
(Expert) 09 February 2014
If you have already decided then you can for divorce.
Law is in favour of the woman as far as maintenance issue is concerned.
Be prepared for intimidation initially as she may for for criminal prosecution like one u/s 498A IPC but once you get bail the case remain dud for rest of its lifetimes.
Nadeem Qureshi
(Expert) 09 February 2014
Dear Querist
if the relationship is not good and both of you want separation/ divorce then try to settle the matter amicably and file divorce petition by Mutual consent under section 13 B of Hindu marriage act, if the marriage was solemnized as per hindu law
feel free to call
Rajendra K Goyal
(Expert) 09 February 2014
Explore the possibility of Mutual Consent Divorce if not possible to remain to-gather as husband and wife.
If you proceed for divorce otherwise, you and your family have to face criminal cases.
Generally husband does not get possession of kids, visitation can be given.
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
Under the situations, if you have been pushed to resort to the decision of divorce only, it is better to initiate the process at the earliest before she hatches a plan to wreak vengeance against you and your family members with the help of various provisions of criminal laws, namely, 498A, dowry harassment, maintenance under both, civil as well as well as criminal laws, domestic violence etc., but decide about it finally instead of enduring the sufferings every day. Now about the maintenance amount (quantum), custody of children are the matters to be taken up separately once respective question of law appears. Decide fast, alternately, you can talk to her about getting separated mutually by dissolving the marriage by a decree of divorce under the mutual consent, a memorandum of agreement about all future settlements can be drafted in respect all the affected subjects as a condition for this dissolution.
