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naresh (technician)     31 March 2014

Best procedure for divorce

Dear Sir, after marriage we both are not happy with each other due to different mentalities and thinking’s. Because of which we are always in heated arguments. She stayed with me only 3 months in 2 yrs. of married life we have 6 months old daughter. My wife staying in her father’s home since 8 months . am always ready to take every responsibility and care for my daughter. but the problem is we can’t live together happily .She and her father are forcing me to do what they want, they are always threatening with a warning that they are going to put me and my parents behind the bars under false dowry ,498a and all other cases. Her father is a local criminal type, characterless man he has 2 illegal relationships, he himself told about that. He warned me that ” he will kill me with the help of local gundas. I was completely lost hope in my marriage. Continuing this relation causes more critical problems for me .am also sure that she will not give divorce to me. When I discussed with her about divorce she told me that if I give 2 crores to her she will give divorce to me .i want divorce from her but she is not ready to give.what is the best way to get divorse in my case .pls guide me that best way to get divorce.


 7 Replies

Puneet (Chartered Accountant)     01 April 2014

same issue here, pls suggest.

Sourav Das (Advocate Supreme Court of India)     01 April 2014

dear sir,

divorce by mutual consent is best for you.it'll take only 6 months time and you both have to be presented before court twice.

if divorce by mutual consent is not possible, then you have to file suit for contested divorce on the ground of desertion.

as your daughter is only 6 months old, custody of child will go to her mother.

2 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 April 2014

Four important things to be done in case of mutual divorce petition. 1. Custody of child, 2. Alimony ( lumsum maintenance amount to be decided by the parties), 3. Returns of items (dowry, shreedhan etc.), 4. Litigation expenses born

1 Like

naresh (technician)     01 April 2014

thank you sir for your inputs.she is not ready to give divorce.because iam victim of her harrasement.i compromised in so many times but living a life under constant threat of false 498a is forcing me to take divorce .i want to take my daughter to my custody. iam an airforce technie.now iam staying in Kanpur u.p, she is in Warangal dist of andrapradesh.where can I file divorce.she is not ready to give divorce then on which gounds I apply for divorce,contested or divorce on grounds of cruelty, before it can I send rcr...?pls suggest .thank you sir

T. Kalaiselvan, Advocate (Advocate)     02 April 2014

The best way is to quit the married life with her by obtaining a decree of divorce and it should be filed on the grounds of divorce. In the divorce petition you must clearly mention all the atrocities she committed during her stay with you in the matrimonial house and should also include that her father is of a lose  character, has threatened you with dire consequences by hiring his henchmen/local goondas against you and all those events that took place in your brief period of matrimonial life with her.  You can file a petition at Kanpur itself.  Before that, first issue a lawyer's notice mentioning all the details and should clearly indicate that you are ready to admonish all her cruel activities and to take her back into the matrimonial fold once again provided she is willing to join you in your place without any condition.  This lawyer's notice will protect you as a shield in the event of she resorting to file with the help of  women friendly laws, any criminal case against you to torture you and your family members in the name of wreaking vengeance on you.

The same advise goes to Mr. Puneet too, if he too is suffering from same type of problems.

1 Like

naresh (technician)     02 April 2014

kalaiselvam sir  Thank   you  very much  for ur valuable time..after reading your  advice iam feeling so  much confident  .Pls advise me  divorce on grounds of   divorce can be granted ,how much time it  will  take..?instead  of lawyers notice  can i  file rcr...?

Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit https://www.seekadvice.in/get-info.php

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