Contested divorce help - urgent

Originally posted by : Richa

XXX
The questions are: 
First the observations on your brief:
You have no valid ‘grounds’ for Divorce. First, asking money by either spouse for needs is not grounds for mental cruelties. Atleast he is asking you as his spouse and not going out and doing acts of gigolo to raise finances for his needs then it would have been mental cruelties to you as his spouse. Second contention of yours is on his too much s*x in marriage. Well s*x is basic need of both spouses in a marriage. Some complaint of no s*x, some complaint of too much. What is marriage without s*x in it is Law so never raise this allegation in any of the proposed suit matter at all it will boom-back to you! Third contention of yours is that you gave him time to change but he never changed. Again this is no reason for divorce and does not get covered nto any of the legal 'grounds' to dissolve a marriage.

Having observed above legal positions, now I am attending your raised specific questions keeping your brief as context against above observations;
  
1. The process and Required documents 
Take: First process is to hire an advocate via reference and narrate the marital facts. The Advocate makes the petition and does filing work annexing documents that he may think are applicable to the suit matter. Same can be supplied to him upon his asking.

2. Time duration and fees
Take: Contested divorce there is no time limit. I have seen a case of 26 years still not settled. Fess depends upon your capacity and Advocate's asking. Negotiate and settle as per a your paying capacity. If you cannot afford professional Advocates fees then every District Courts now have Legal Aid Centers approach tem and they provide almost free Legal Aid to women litigants.

3. How much time it takes to file divorce case.
Take: Once Chamber consultation done paper work takes 2-3 days to prepare and filed on next working day.

4. Do we need to stay separate
Take: No. Except s*x between divorcing couple they can stay under same roof and even sleep on same bed. Sex during divorce proceedings condones all acts of cruelties as alleged in divorce suit matter by either spouse.

5. Is it possible to fight this alone as no one with me.
Take: Yes, if no witness there / forthcoming to vouch truthfullness of once allegations if ground of mental cruelties alleged in suit matter then same needs to be proved 50:50 in civil matrimonial suit matters by petitioning wife as in reference to context.

6. I don't want any monetary benefits so can this help.
Take: Actually no. Law is blind it sees facts and probabilities proofs only!.

7. Is it possible to change contested type to mutual type if he agrees
Take: For the same both spouse need to come across table halfway and agree to agree away their differences and get it over by converting contested divorce now that into MCD matter.

8. What if he gets the audio call tapes from the telecom company and proves that I speak to him.
Take: Unless for security reasons after taking prior permission from Ministry of Home Affairs r/w Ministry of Law and Justice his and your calls are monitored, in civil Matrimonial case matters no Govt. Agency bothers to record conversations and no Cell Company gives a damn to spousal and their extra marital recordings. Hence this is next to impossible to do so.

9. Can he file Adultery if he gets to know about me and my ex partner 
Take: Adultery is a serious offence yet almost all married wife have been left scout free as in penal punishment grounds yet if he is smart and got access to your vulnerability with your ex flame and caught on media then same he can produce making him as main accused and you as accused no. two. Your ex flame if proved by your husband will go to jail. However quality of adultery evidence are kept at higher pedestal so only you can tell how smart snooping your husband may turn out to be to book you and your ex flame under adultery charges.