498a
kumar
(Querist) 26 January 2011
This query is : Resolved
Recently got married may 2010 and Wife got a stroke of Epilepsy one month after marriage on 6 June 2010, we were not made aware of it so i discussed it with my family members and decided to end this relationship (Marriage) as i m a Muslim by religion.
How do i go about filing the divorce?
What all i have to do to file divorce?
What all i have to do to get the Anticipatry bail for me and for all my family members?
I have a flat in Noida which is in my name , so will be claim the right to have residence or the portion of the said property?
How to avoide her calim on my property?
I live in Noida and wanted to move to Delhi first in a rented room and then i want to life the case from there is that a wise decesion?
Arvind Singh Chauhan
(Expert) 26 January 2011
It would be inhuman act, to desert a relation only due to one partner's illness.
Sarvesh Kumar Sharma Advocate
(Expert) 26 January 2011
under special marriage act,the divorce pitition will file.
stroke of Epilepsy file in divorce.
Anticipatry bail will not lie if the mattar will file in noida i.e.-u.p.
Devajyoti Barman
(Expert) 26 January 2011
If the wife s also a Muslim then no case for divorce could be filed by you. The question of anticipatory bail would arise only if the FIR is reistered. If the house is in your name then you could not avois her claim unless the same is transferred in the mean.
And yes I agree with Arvind that only because your wife has epillepsy , you should not desert your wife. Instead of asking for legal help you should move around with your wife for her proper medical treatment.
Khaleel Ahmed
(Expert) 26 January 2011
As per your stated facts, you mentioned that, you belong from Muslim religion.If you want to divorce your wife , you can pronounce talaq as you wish at any time,without any reason to end relation ship.
M V Gupta
(Expert) 28 January 2011
Legally what Mr. Khaleel Ahmed said is correct. There is no need to file a divorce case. As regards her calim against you, even this is limited to the Dower agreed at the time of marriage.
