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(Guest)

Advice: I (Husband ) wants to file for divorce

 

 

 

This was our second marriage.  

My first marriage leads to divorce coz of financial issue. 

Her first marriage leads to divorce coz her first husband was keeping her like housekeeping instead of house wife, she said her first husband has affiar, he was eating non-veg etc, she had a proof that he has asked some drawry etc etc. I really dont know the truth. But i have realized that she is a 498a girl. she can do the same thing to me. but i thought positive that she will now change. Mistake can be done once. and agreed to marry her.

Marriage took place at my city.

I am employed in private company and earning 40000 per month.

I owned a flat of cost 12 LAC. I have taken loan of 9 LAC and 8.5 LAC is still to be paid to bank.

She is bhms doctor. She was running clinic prior to marriage. ( She can earn 10000 per month approx)

We planed early child coz we were only two in the family. I have one reason and she has also one reason to have early child. Both were right at that time.

Within 15 days of marriage, fight between us begun. She hurted me with nail just on the matter that i told her to wait for only 5 mins with her (married) sister's home. We had planed to visit my wife's parents home and she wanted to visit her sister's place too.

On this matter, her relatives took her away from my home and threaten me to abort the child. ( She was pregnant ), One of her relative shouted on me and raised hand too. but didn’t hit me. If he would have done anything so, I would be worst at that time.

I went to brought her back because she was pregnant, i didn’t want her to be in depression. I accepted all wrongs and brought her back. At that time also, their relatives threaten me to send my wife to NARI SANRAKSHAN GRUH, send a notice in my company, suspecting that i am not trustworthy, Said few bad words too.

But i have only one thing in my mind that my wife was pregnant.

I brought her back to my home.

After few day, fight has begun again. Our fight last longs for a night( 12 hours) whenever happens.

Once she told she will kill herself. ( i don’t know she is threatening only or she actually can do or just to win her point of view)

Fight wasn’t stopping so i decided to take her to my mother's home to solve an issue. She said i will also call my mother, my father etc.

I said wait for the morning etc etc.. let your father too come.

In the morning, we all got to gather, and before anything goes on, my wife's sister threaten my mother to put her behind the bar, call the police. ( i wasnt there, i was in the company)

Later on, so many things and harassment has happened from her side.

She went to her parental home for pregnancy, Now I am a father of a boy child.

it has been 5 months. We both stopped contacting to each other. I feel that things go worst if we will again meet.

I have always felt that she is not trustworthy and now i am sure.

I feel that staying unhappy together, it would be better to stay happy separately.

I know getting divorce is tough and long process but i feel taking a step is the only better option. false 498a, maintanance, child custody, social status. 

I am planning to file for divorce on the base of cruelty (repetitive) and physical abuse (thought it is not repetitive).

There are certain my faults too, but things has been always started by her and their relatives. My faults are very less.

I am ready to give her all my money.

Here is my only question.

Can court orders only one time maintenance instead of monthly maintenance as per my wish? As if i will file for divorce, i don’t want any connection with her thought the life once divorce degree passed.

How much money do I have pay  even if case won’t be in my favor ?  I just want divorce, it is not a matter who wins.

I can take child with me if she wishes, but i feel, she can only take care a child well as i am employed and alone man in the home.

Thank you



Learning

 8 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 June 2011

Dear Sameer,

First of all tell me te area from where do u belong. There are so many questions in my mind to clear from ur side. Better to be online or make a call if it is possible for u. As per as te divorce is concerned, tell me whether she is ready for divorce or not.


(Guest)

I havent ever discuss about divorce with her. Our relation is such that she knows that i will file for divorce someday, and i also know that she will file the case someday or continue with her harrasment and I will make the some more mistakes again. If she will file the case, i am also ready to defence strongly. 

I live in Gujarat, India.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear Sameer,

 

You can file a petition before the court for a divorse on several grounts including cruelty wich attracts mental as well physical but before that i would say something which i felt from your letter that the parents from both sides made the situation very verse. thay have played a great role for spoiling your life but you are not realising that this is your life and you both have to live for each other.

Regarding maintenance, if you could prove that being a professional she could look after herself, then you are not needed to pay the maintenance for her but you have to pay for your child which depends on the standard of life you belongs. if you fail to prove that your wife does have sufficient income to look after her, you hve to give maintenance for her tooo, tht will be past and future maintenance, if they claim. past maintenance they can claim till 3 years from the date of filing of the petition.


(Guest)

Thanks Rajeev....

As far as proof is concert, I have her past visiting card of her clinic. 

Maintanance would be there defenetely.... 

My only question is if some result came out after filing case and after many years, does court accept my request to give only ONE TIME MAINTANANCE?


(Guest)

Any expert replay please about my main question?

 

 

Can court orders only one time maintenance instead of monthly maintenance as per my wish? As if i will file for divorce, i don’t want any connection with her thought the life once divorce degree passed.

How much money do I have pay  even if case won’t be in my favor ?  I just want divorce, it is not a matter who wins.

Advocate Rajkumarlaxman (Advocacy)     02 July 2011

you can go for one time maintenance only if she also wants for that otherwise till she gets shelter she has to be maintianed by you i.e. untill and unless she gets married to another guy or has an income source to survivie you should give her monthly mainatence and if she accpets for one time settlement then that can be done even out of court settlement by mutual understanding.


(Guest)

Thanks Rajkumar,

May you please try to solve few of my more queries?

She will never think to marry thrice... So She wont give divorce to me... She will just be seperated from me for years. But I and She is not willingly to stay togather and our marriage can not run....

1) What would be approximate amount for monthly maintanace in my case by considering she can earn 8000 and my salary is 45000 Take home? ( I have a child too)

2) Does she caim anything if i die? I will pay monthly maintanance regulerly but I just want to make sure that other member of family doesnt face any trouble.... I have a flat, and its totally my aquired property. 

Please guid me above are my most considerable queries....


(Guest)

Still i havent got the answer ffrom anyone.... please help...


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