Ashish (n/a) 02 September 2012

Divorce during pregnancy

Hello,

I got married on 4th December 2011. We had a strange issue. My wife's parents has asked for dowry from me. And when I refused thing got dirtier. Meanwhile my wife is 5 month pregnant now. We don't live together or talk to each other for last 3 months.

There has been some serious issues between us and now I want to get a divorce. My wife and her family sometimes agrees to grant me a divorce and sometimes refuses. I have some written proofs like facebook conversations from where I can prove that

1) I have never asked money from her

2) I never had a relation outside ours

3) I have never hit her

I had some idea that she can get troublesome in future so I had tried to keep them as proofs. My health has detoriated to such an extent that I have to take sleeping pills to get some sleep for last 1 month

Can I get a trouble free divorce?

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7 Replies

Anish Thakur 7018812737 (advocate) 02 September 2012

dear querist,

you can file for DV taking ground of cruelity or dessertion, but if you want to proceed with dessertion ground i advise you to first file RCR for extra advantage.

Adv Archana Deshmukh (Practicing Advocate) 02 September 2012

Originally posted by : Anish Thakur 9459321520
	dear querist, you can file for DV taking ground of cruelity or dessertion, but if you want to proceed with dessertion ground i advise you to first file RCR for extra advantage.

@ Anish Thakur,

A man cannot file a case under DV Act against his wife...........only women and children can seek relief under the DV Act . As the querist has got married in dec 2011 the ground of desertion is out of question at this moment.

@ Ashish,

Your wife is pregnant now, so in the interest of your child it will be better if you try for reconciliation through some good mediatiors. Even if you get divorce you will not be absolved of the kids responsibility. You will have to pay monthly / lumpsum amount for his maintainance. Otherwise also you cannot file for divorce within one year of marriage except in the cases of exceptional hardship, so wait till the completion of one year till that time work for reconciliation and try to improve the situation and bring your wife back, if nothing works then, convince your wife for MCD which, without making any wild allegations against each other, will free both of you after 6 months waiting period.

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Anish Thakur 7018812737 (advocate) 02 September 2012

@ ADV ARCHANA

respected forum member , why you remain in hurry for giving reply and raising fingers on others advise to show yourself superior or intelligent?

@ Anish Thakur,

this is the point you raised on my advise and my advise was-

you can file for DV taking ground of cruelity or dessertion, but if you want to proceed with dessertion ground i advise you to first file RCR for extra advantage.

in above advise where i had mentioned DV act and where is the concern of DV i used it for divorce , this is a question of common sense for lawyers /experts like you who are giving advise to querists that if i was talking about DV act then is there need of taking any ground for DV act as its name itself cleared it ,i also mentioned cruelity and dessertion as ground that clearly shows i am talking about the divorce and the querist had also asked regarding the divorce.

i advise you not to raise fingers of other forum members before reading it and understanding their advise, and also not to advise people in hurry just for formality its against the professional ethics.

Anish Thakur 7018812737 (advocate) 02 September 2012

and one more thing i forget to advise you keep your imotions inside your purse before giving advise in this forum where querists are seeking for professional advise.

Adv Archana Deshmukh (Practicing Advocate) 02 September 2012

Mr Anish Thakur,

I did not made any comment in hurry nor shown my superiority, you reread your own replies first before making such comments. Nobody on the forum have ever used DV for divorce. The abbreviation is commonly used for Domestic violence act till today. And what made you say that I adviced in hurry as a formality and against professional ethics? And plz you do not teach or give advice upon professional ethics...

1 Like

Shantanu Wavhal (Worker) 02 September 2012

@ Anish Thakur

In my opinion, u have erred.

Arun Shukla (Lawyer) 02 September 2012

Dear,

You really have a bit strange situation in your life. You have two remedy in law.

(1) first is very common, safe and intelligent remedy immediately file a petition for Restitution of Conjugal Rights. which will one side show your intention of being a wife loving person and secondely it will generat a proof that yours wife is not living with you against yours wish.

(2) second remedy is quick but a bit doubtfull, file a Writ Petition in the Jurisdictional High Court and seek a writ in the nature of "Habeus Corpus".