Contested divorce after 25 years of marriage

Originally posted by : raj kaushal
	hi everyone i am 60 yrs old n in a marriage since  27 years. since the day she got to my home she has ben quarelling with me since then firstly in the first two years of marriage when i stayed with my family she fought with me and my relatives and forced me to rent a house n then called all her relatives in n till this date they stay with us when we have our own house. her mother also quarells with me and just like her ocassionally beats me also.my wife doesnt care about any respect in society n hurls the choicest of abuses in front of everyone n then makes me sit in front of her and hits me. this has been going on for years. my sons both of whom are adults have seen this and support me very much and are the only reason why i am still bearing all this. her wishes are never ending and so are her fights. she would also regularly go to my mothers place and abuse her and my sister both of whom are patients. my elder son has taped several acts of her cruelty. now she says to write the house in her name which i certainly cant do because she will force me and my sons to live on road. now she is quarrelling over it again and again. i have now made up my mind to file for divorce. she wont give me divorce so it will be contested divorce. so my questions to you honourable lawyers is:- 1) if i have my sons on my side n recordings of her cruelty will the case still strech for too long?avg time period by ur experience? It can stretch 4 years in family court, 3 years in HC and 2 yrs in SC if you are lucky. 2)will my wife stay with me through the course of the case and if yes is there any provision by which i can make her go out after case is filed. No. If you force her out, she can file DV case to get residence orders and remain in the house as long as case stretches. Doesn't usually happen, but possible in theory. i am ready for interim maintenance.  Good because you will have to. my wife has called the cops several times for no reason whenevr i threated that i will leave the house or i will divorce her so she can slap any false cases against me after i file the case. video recordings came in handy when she called the cops.at the moment i hv no cases pending or any warrants issued in my name. Might be a lull before storm. Beware of cases always. If you file divorce, chances for them double. 3) what will be the probable alimony considering the circumstances of my case? will she get any share in the house because if she does and lives under the same roof then divorce wont make any sense at all. That depends on many factors and no one can predict. Depends on the circumstances, your income, liabilities, her employment etc. etc. etc. also her relative are also a menance n since they r from the same family they quarell a lot. No help to you in this regard. Just stay away from them and don't allow them into your house.  please advise me. thank you

 

Originally posted by : raj kaushal
	hi everyone i am 60 yrs old n in a marriage since  27 years. since the day she got to my home she has ben quarelling with me since then firstly in the first two years of marriage when i stayed with my family she fought with me and my relatives and forced me to rent a house n then called all her relatives in n till this date they stay with us when we have our own house. her mother also quarells with me and just like her ocassionally beats me also.my wife doesnt care about any respect in society n hurls the choicest of abuses in front of everyone n then makes me sit in front of her and hits me. this has been going on for years. my sons both of whom are adults have seen this and support me very much and are the only reason why i am still bearing all this. her wishes are never ending and so are her fights. she would also regularly go to my mothers place and abuse her and my sister both of whom are patients. my elder son has taped several acts of her cruelty. now she says to write the house in her name which i certainly cant do because she will force me and my sons to live on road. now she is quarrelling over it again and again. i have now made up my mind to file for divorce. At least now you made up your mind! That facinates me more than the Harry Potter series! she wont give me divorce so it will be contested divorce. How do you know that she wont give you divorce? so my questions to you honourable lawyers is:- 1) if i have my sons on my side n recordings of her cruelty will the case still strech for too long?avg time period by ur experience? Your marriage is 1 day old or 100 years old, it takes same time to get divorce.  Law is not biased in this case.  Hopefully by your 70th birthday you might get divorce or even still roam to courts. 2)will my wife stay with me through the course of the case and if yes is there any provision by which i can make her go out after case is filed. Where will she go, she will continue to stay with you/the house that she is currently living in.  Divorce proceedings will go on.  You both can continue to fight like cat and dog and go to court together !  Or continue having arguements over why go together. etc.   i am ready for interim maintenance.  You have not even filed divorce petition, and you are ready to pay IA?   my wife has called the cops several times for no reason whenevr i threated that i will leave the house or i will divorce her so she can slap any false cases against me after i file the case. video recordings came in handy when she called the cops.at the moment i hv no cases pending or any warrants issued in my name. 3) what will be the probable alimony considering the circumstances of my case? will she get any share in the house because if she does and lives under the same roof then divorce wont make any sense at all. also her relative are also a menance n since they r from the same family they quarell a lot. please advise me. thank you

Young chap,

You might have heard the saying SCRATCH WHEN IT ITCHES.  You have been in dormant mode your entire life, now filing for divorce does not make any sense at all.  Judges in Family court will be younger than you!

You have adjusted so long.  Adjust some more time or just abscond if you cant take it anymore.  Go to himalayas, right time it is, stop worrying about property.  Make some will register it, leave wife out of the will and just go without telling, your kids will fight in court for next 59 years regarding property with her mother.  All the best.  Dont think too much.  You have sustained long enough and deserve gallantry award.  Now simply move out.  As you said in your own words.......divorce wont make any sense at all.
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Why you want divorce at 60 age? Why you want to make your old age hell in roaming courts and wasting money on lawyers? If you file divorce now you might be or not be able to get in next 10 years.if you can tolerant 27 years then why not adjust with her in old age. Filing divorce at this age is only giving invitation to problem. You file one case aunty will file many false cases on you. After that you will roam court and waste money on lawyers with zero result. But I can suggest you other options if you don't want to live with her, then leave her. 1) go with your sons in other state start living there . go there without telling aunty.2) there are many old age home in India. You can spend sometime there for a change.There you may got your friend circle . you can also give address to your children they may live or spend time with you there.you can find old age home in other state and go there without telling aunty . after some time come again home .whenever you need change go there.3)or you can go Himalaya . stop worrying about property. Make some will register it, leave wife out of the will and just go without telling, your kids will fight in court for next 59 years . Indian court only give dates. You will waste a decade in court for divorce with a lots of tension at this age. 4) kick out aunty from home and live with your son. Dnt file any case. Let her roam court for maintence .You can choose any option.

i didnt know the ppl in this forum are this condescending i asked for some legal help n not life advise.my case fascinates you ppl a lot i guess but what i go through doesnt fascinate me or my sons at all. why i want divorce is already mentioned in my query guess u ppl should read carefully her wishes are nevere ending when one is fulfilled after spending a lot of money she fights for another n her motive is only to fight. she want a piece in my property now  then my kids life will be ruined i hv never cared for my self what i am doing is for my kids she is a selfish lady n hates them also. so kindly dont advise me not to get a divorce n tell me if there is any remedy by which i can force her n her family out ,they hv money but no house anywhere so they will rent it.

Originally posted by : Helping Hand !
	Originally posted by : raj kaushal hi everyone i am 60 yrs old n in a marriage since  27 years. since the day she got to my home she has ben quarelling with me since then firstly in the first two years of marriage when i stayed with my family she fought with me and my relatives and forced me to rent a house n then called all her relatives in n till this date they stay with us when we have our own house. her mother also quarells with me and just like her ocassionally beats me also.my wife doesnt care about any respect in society n hurls the choicest of abuses in front of everyone n then makes me sit in front of her and hits me. this has been going on for years. my sons both of whom are adults have seen this and support me very much and are the only reason why i am still bearing all this. her wishes are never ending and so are her fights. she would also regularly go to my mothers place and abuse her and my sister both of whom are patients. my elder son has taped several acts of her cruelty. now she says to write the house in her name which i certainly cant do because she will force me and my sons to live on road. now she is quarrelling over it again and again. i have now made up my mind to file for divorce. At least now you made up your mind! That facinates me more than the Harry Potter series! she wont give me divorce so it will be contested divorce. How do you know that she wont give you divorce? so my questions to you honourable lawyers is:- 1) if i have my sons on my side n recordings of her cruelty will the case still strech for too long?avg time period by ur experience? Your marriage is 1 day old or 100 years old, it takes same time to get divorce.  Law is not biased in this case.  Hopefully by your 70th birthday you might get divorce or even still roam to courts. 2)will my wife stay with me through the course of the case and if yes is there any provision by which i can make her go out after case is filed. Where will she go, she will continue to stay with you/the house that she is currently living in.  Divorce proceedings will go on.  You both can continue to fight like cat and dog and go to court together !  Or continue having arguements over why go together. etc.   i am ready for interim maintenance.  You have not even filed divorce petition, and you are ready to pay IA?   my wife has called the cops several times for no reason whenevr i threated that i will leave the house or i will divorce her so she can slap any false cases against me after i file the case. video recordings came in handy when she called the cops.at the moment i hv no cases pending or any warrants issued in my name. 3) what will be the probable alimony considering the circumstances of my case? will she get any share in the house because if she does and lives under the same roof then divorce wont make any sense at all. also her relative are also a menance n since they r from the same family they quarell a lot. please advise me. thank you Young chap, You might have heard the saying SCRATCH WHEN IT ITCHES.  You have been in dormant mode your entire life, now filing for divorce does not make any sense at all.  Judges in Family court will be younger than you! You have adjusted so long.  Adjust some more time or just abscond if you cant take it anymore.  Go to himalayas, right time it is, stop worrying about property.  Make some will register it, leave wife out of the will and just go without telling, your kids will fight in court for next 59 years regarding property with her mother.  All the best.  Dont think too much.  You have sustained long enough and deserve gallantry award.  Now simply move out.  As you said in your own words.......divorce wont make any sense at all. divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont 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i cant take your nonsense pls dont comment on my thread again.

Originally posted by : raj kaushal
	i didnt know the ppl in this forum are this condescending i asked for some legal help n not life advise.my case fascinates you ppl a lot i guess but what i go through doesnt fascinate me or my sons at all. why i want divorce is already mentioned in my query guess u ppl should read carefully her wishes are nevere ending when one is fulfilled after spending a lot of money she fights for another n her motive is only to fight. she want a piece in my property now  then my kids life will be ruined i hv never cared for my self what i am doing is for my kids she is a selfish lady n hates them also. so kindly dont advise me not to get a divorce n tell me if there is any remedy by which i can force her n her family out ,they hv money but no house anywhere so they will rent it.

You could not muster up courage to throw her out, what are you advising us on the forum?  

You cant force her out of your house, even if you file for divorce, you cant force her out of the house, she will continue to stay in the house till the divorce case is pending.  Sometimes there have been cases that wife did not evacuate the house even after divorce was granted, your wife appears to be that kind of person.  

 

There is no other way out for this other than taking divorce and then asking court to vacate her from your premises.

Contact a able advocate locally who has vast experience in dealiing with matrimonial disputes, the one who can definitely say that he or she can get you divorce.  Only if you get such a advocate proceed ahead with divorce.  Or else it will be simply waste of time, money, and energy if it were to be otherwise.  In the end after 3-4 years if your divorce petition is dismissed, then you will have to approach High Court etc.  Again that will be time consuming and only last option will be left of moving Hon SC.  Best way ahead is MCD.  Pay her one time alimony and take divorce.  You cant avoid paying her alimony even otherwise.  Indian Law makes sure that husband pays no matter what.  And your old age is no exception.  Along with that if you fail to pay etc, warrant issue, and you wil do time in jail until you clear dues, if you escape arrest, NBW issue.  If caught no bail.  But in either case you will have to pay only then magistrate will let you out of jail.  Other issue is your property will come under scanner if you wont pay or are irregular in paying alimony to your wife both IA and permanent alimony in case divorce is granted.  You will have to pay her alimony until such time you are ALIVE, OR SHE REMARRIES OR SHE DIES.

Originally posted by : raj kaushal
	Originally posted by : Helping Hand ! Originally posted by : raj kaushal hi everyone i am 60 yrs old n in a marriage since  27 years. since the day she got to my home she has ben quarelling with me since then firstly in the first two years of marriage when i stayed with my family she fought with me and my relatives and forced me to rent a house n then called all her relatives in n till this date they stay with us when we have our own house. her mother also quarells with me and just like her ocassionally beats me also.my wife doesnt care about any respect in society n hurls the choicest of abuses in front of everyone n then makes me sit in front of her and hits me. this has been going on for years. my sons both of whom are adults have seen this and support me very much and are the only reason why i am still bearing all this. her wishes are never ending and so are her fights. she would also regularly go to my mothers place and abuse her and my sister both of whom are patients. my elder son has taped several acts of her cruelty. now she says to write the house in her name which i certainly cant do because she will force me and my sons to live on road. now she is quarrelling over it again and again. i have now made up my mind to file for divorce. At least now you made up your mind! That facinates me more than the Harry Potter series! she wont give me divorce so it will be contested divorce. How do you know that she wont give you divorce? so my questions to you honourable lawyers is:- 1) if i have my sons on my side n recordings of her cruelty will the case still strech for too long?avg time period by ur experience? Your marriage is 1 day old or 100 years old, it takes same time to get divorce.  Law is not biased in this case.  Hopefully by your 70th birthday you might get divorce or even still roam to courts. 2)will my wife stay with me through the course of the case and if yes is there any provision by which i can make her go out after case is filed. Where will she go, she will continue to stay with you/the house that she is currently living in.  Divorce proceedings will go on.  You both can continue to fight like cat and dog and go to court together !  Or continue having arguements over why go together. etc.   i am ready for interim maintenance.  You have not even filed divorce petition, and you are ready to pay IA?   my wife has called the cops several times for no reason whenevr i threated that i will leave the house or i will divorce her so she can slap any false cases against me after i file the case. video recordings came in handy when she called the cops.at the moment i hv no cases pending or any warrants issued in my name. 3) what will be the probable alimony considering the circumstances of my case? will she get any share in the house because if she does and lives under the same roof then divorce wont make any sense at all. also her relative are also a menance n since they r from the same family they quarell a lot. please advise me. thank you Young chap, You might have heard the saying SCRATCH WHEN IT ITCHES.  You have been in dormant mode your entire life, now filing for divorce does not make any sense at all.  Judges in Family court will be younger than you! You have adjusted so long.  Adjust some more time or just abscond if you cant take it anymore.  Go to himalayas, right time it is, stop worrying about property.  Make some will register it, leave wife out of the will and just go without telling, your kids will fight in court for next 59 years regarding property with her mother.  All the best.  Dont think too much.  You have sustained long enough and deserve gallantry award.  Now simply move out.  As you said in your own words.......divorce wont make any sense at all. divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont make any sense at all.divorce wont make any sense at all. divorce wont 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Read not my advice, but your own query two times.  See where the problem is.

Anyone can point out that problem is not with your wife, but with you.

Marriage is something which has to be taken seriously where two individuals act responsibly.  

Dont forget that it takes two to tango.

Agreed with your version that your wife is MAHAKALI and is born to suck your blood.

but why is she like this, that needs to be understood.  After 27 years of married life you could not find out why she is like this?  What makes her do like this?

She hits and beats you? What kind of man are you?  Have you tried to know?

It takes balls to get married.  It takes balls to control a woman.  If woman is not  under control of the man, situation of every man will be like that of yours.

Anyway you have let the horse loose long for you to complain now.

Now you just have few options left.

Either write a will as I explained above and move out.

or find able advocate and file divorce, get divorce by way fighting it in court of Law under 3 years.  

or take Mutual consent divorce.

 

I am of your age, nothing wrong in me pointing out few defects.  Take it easy.  File divorce under mental cruelty of Hindu Marriage Act.  The circumstances appear to be tht of mental cruelty.  There are many ways to secure divorce quickly if wife is not willing to give mutual consent, but you dont seem to be interested in taking advice from me.  Hire someone locally then.  All the best.

Prefer MCD.

If you have irrefutable evidence of cruelty, show the same to your own counsel at your location, specializing in Family Matters.

 

 

If the property is self acquired then you can gift it to your sons during your lifetime or you can write a will on your sons favour which will come into force after your lifetime.you can file divorce but you can't push your wife out so better take a separate house and move into it.as pointed contested divorce may run for years and so if you can convince your wife for mcd it will be good.as far as your wife's relatives are concerned you can obtain a stay against them to stop them from entering your premises.also file a nc in the police station that your wife or her relatives might file false cases over you.

Mr. Kaushal:

I regret any abrasive comments by others toward you. But in my opinion, your case is atypical in one aspect --- you want to both divorce your wife and also keep her out of your house. Usually, people who want divorce are already separated. Keeping your wife out of your house cannot be done legally. You need to talk to her and either ask her to move out or move yourself out (which you can't because you want your house). But truth is, if she wants to live in your house, as your legally wedded wife, she has every right to, both ethically and legally. Like I mentioned above, if she files DV case against you seeking residence orders, your life will become from being on the frying pan to being on the stove. 

So before you move legally toward filing for divorce, I advise you talk her into leaving your house. Maybe show her another accommodation. Yes, it is expensive but if you truly want her out, you have to bear the expense. Then after a few months ask her for MCD and if she doesn't agree then file for divorce.

Don't get emotional in all this. As a senior I don't have to tell you, but I noticed that in these dispute situations people usually act in haste and repent in leisure (including yours truly).

Regards,

 

 

i didnt intend on being mean i am frustrated a lot cos of daily classes that too three times a day sir n on top of that all this funny himalaya stuff and writing the same thing 50 times irked me. hope u understand.

i didnt intend on being mean i am frustrated a lot cos of daily classes that too three times a day sir n on top of that all this funny himalaya stuff and writing the same thing 50 times irked me. hope u understand.

You may carefully go thru all posts that are meant for your own benefit once again.

Mr. saravanan s has given you a prespective that is  workable and achievable.

You can dazzle everyone with your master strokes.

If there is NOinjunction then you can sell the house, enjoy the money and save it for for your kids in any maneer that you want, take your better half to a rented accomodation......................etc etc 

 

Thereafter you can discuss MCD.

This everyone that is rigid may mellow down.