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Nithya (Officer)     05 February 2013

How to get a peaceful divorce?

 

I want to take a divorce.  Had been living separated since 2007.  Independant financially as i have a good job. Emotionally also separated, because it was my choice to get rid of ties with him and take up a job.

My story line of the past.

It was a love cum arranged marriage, as i married my cousin.  He was a long distant cousin, and we met during family functions once a while.  But eventually liked each other and elders decided that we marry. But things went wrong after i got married.  Since he was a long distant cousin, i did not know his way of living.  He had the habit of being friendly with his female secretaries, to the extent of having them with us in all our family matters.  Even my kids' name was chosen by one of his secretaries!!! I did not like this, i confronted.  It caused a rift between us. I believe he had affairs too., though i do not have a solid proof to present now.

Another issue was that i had completed my PG by then and wanted to pursue my career.  Though there were no restrictions, being a businessman, he wanted me to be a house wife and take care of his and his family needs. He did not want me to be involved in his office matters either, as it was a family business and he had his own reasons for not involving me into it, mainly he felt that i would interfere in his interaction with females working under him. I tried a lot to convince to get into a job, but even by job applications were burnt by him.

I tried commiting suicide once, but was saved and later got lot of scoldings from all the family members, including my parents.  I was depressed and lost all my self confidence, did not have anyone to share my feelings with.  But again, i had only option of fighting for a job on my own.

Finally was given an option to pursue my studies!!! ... so i registered my PhD.  I had to relocate to another city for that, but he was not willing to relocate.  I moved in with my kid, felt relieved that am out of the junk place.  To take care of kids' expenses, a franchise business was dumped into me, by force, without my willingness.  So had to manage both business as well as my PhD at the same time.  He used to visit us once in a month. Endured this life for 5 years. During the business phase also, he has abused me in front of female staff working. I believe he just want to show off to other females that his wife is a doormat.

On completion of my PhD, i took up a job and moved to another city.  This was opposed by him, but this time i was very strong in my decision and sold of the the franchisee business and handed over all the money to him.  After that he has never tried to support us financially.  I never asked him either.

He visits kid once in three months or so.  But i dont have any binding with him, though i did not stop his visits until last year.  Last year, i wanted to file for a mutual divorce, for which he did not agree. I discussed with few advocates, they mentioned that though i am living separated for the period of 6 years now, it is not considered as a pure separation period as he has been visiting us once in three months.  After knowing this, i dont allow his visits anymore.

I want advice on how to get a divorce.  I want a divorce based on 'incompatibility and irreconcilable differences', is it possible???  I dont have proof on his affairs.  I dont want my daughters to get disturbed during the divorce process, though they are aware that i want to take a divorce.  How do i proceed? Please advice on how to file for a contested divorce.  

One advocate advised on filing a domestic violence case, so that eventually it will turn to mutual consent divorce, but i am not for it.  Since i had already lived on my own for 6 years, I want to be straight forward, i am just asking for a legal separation. Please advice.



Learning

 47 Replies

HK_Jain... (498a Fighter)     05 February 2013

Nithya

After reading your version from start to end.

It was sad.

There are no remedy for you to file Divorce under current HMA. And I am glad that you dont want to take 2nd option to take divorce like Filling false cases on him. Its  a very positive attitude.

Just take the services of well experienced lawyer by reference or forum and File Section 10 of HMA to stop him to visit your place and thereafter act accordingly.

 

The Hindu Marriage Act,1955

 

10. Judicial separation.-

 

1 [(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

 

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

 

Hemant

hkjain47@gmail.com

Nithya (Officer)     06 February 2013

Is it never possible to file a divorce based on 'incompatibility and irreconcilable differences' for which i have proof of living on my own since 2007.

In terms of kids expenses made by me, etc.

Rajarshi Bhowmik (advocate)     06 February 2013

Its better to file a criminal case u/s 498A 1st in the most cases the husbend comes for ammicable settlement and it becomes easy to get divorce for further u may contact advocaterajarshibhowmik@gmail.com or visit www.rajarshibhowmik.webs.com

HK_Jain... (498a Fighter)     06 February 2013

How cheap Advocate Mr. Rajarshi.

2 Like

Msk-need -nuetral- laws (self)     06 February 2013

Yes, Lawyers like rajashri is teh root cause of small issues to be blown like criminal case with 498a.

Really appreciate your tallness. This is right empowerment.

Is he not accepting MCD? what is the problem for him to give divorce??

2 Like

Nithya (Officer)     06 February 2013

I think all advocates think alike!!! ... they want to file a false case.  

I have clearly mentioned that i want to be straight forward.... as i have been living all on my own, except for his visiting his kids once a while. (which i never thought was a harm, but now it seems to be the biggest mistake on my part for having allowed it).

I did not want kids to be affected, though i never wanted to compromise.

Seems like Indian law has no real value at all.  Nothing is decent there!!!  All are junk.... asking for unnecessary proofs which we will never be able to produce.

We lose our peace, emotions as well as our money in doing this jugglery.

I think my Ex is aware of all these, he is not accepting for MCD.

His family had the same history.  My FIL had a number of affairs and my MIL was busy taking care of kids, and finally died also without living her life.  He wants to repeat the same with me.  Their family is a typical male chauvinistic one.

Is there no way at all to get a peaceful divorce??

 

 

abdul (MD)     06 February 2013

Nitya

 

i admire your courage and your determination not to file false charges even though that is a prospective option for women, kudos to you when women who left matrimony beecuase of infalted ego and incompetency to live in matrimony use such laws.

HK_Jain... (498a Fighter)     06 February 2013

File Judicial Separation and press for mediation there and try to amicably sorted out the matters.

1 Like

Msk-need -nuetral- laws (self)     07 February 2013

Yes, option of judicial separation is good, hopefully  IRBM will be in a year in proposed amendment bill and you  get divorce based on that.

Nithya (Officer)     07 February 2013

Is filing for judicial separation different from filing for divorce??

I have requested for mutual concent divorce many times as of now .... so i dont think i have an option of solving things amicably.

It has been many years now, and i dont have any proof of anything now.  I had just concentrated on career and kept things moving.   Now, blinking what to do!

 


(Guest)

Nithya cudos to you for putting up the right attitude to survive in your broken marriage. You are a fighter. One friendly suggestion is dont post anything about his or his parents affairs which you are absouletely not sure and dont have any proofs of such kind.

I would also suggest you to go for section 10 legal seperation, thats different from divorce though the grounds are same. Once the decree is passed in your favor, one year of separation will give you the divorce decree. All the best

Nithya (Officer)     07 February 2013

If i have to file for Judicial separation also, i think i have to give the reasons for the divorce similar to contested divorce.

If in such case, even though i know that he had affairs (i did have copy of letters, which was destroyed by him when i confronted that with him, during the early stage of marriage), i compromised thinking that he would change after having kid.  But his attitude continued .... He openly flirts, that was his character.

And being male chauvinist, he expected me to do everything he orders.  No discussions at all, just orders.  If i refuse to do something, citing disadvantges, he abuses a lot and forces me to accept to do things as per his wish.  It included starting a franchisee business too., which was too much demanding for me to do it alone.  He openly abuses in front of everyone, it may include his subordinates, car drivers too.  Totally uncultured. Since i loved him, I tried a lot to reason out that his behaviour hurts, but all in vain.

Hence my decision to concentrate on career and be on my own.  There was a phase in which i had to do the business for economy and parallely concentrate on studies to prove myself.  Having proved myself, i dont want to compromise again.

If i file the reason as

1. Adultery - then i have to prove things.  And i think i will have to bring in females names, which i am  hesitant since i dont know whether he will marry anyone of them or not.

2. Cruelty - i cannot reason it, as it was my decision to take up this job, to avoid emotional abuses.  He has not been physically abusive to the extent of severe injury.

3. Desertion - I cannot file, as it was me who moved out of his home!!!!! (though citing my higher education as the reason)

4. All other grounds are also unfavourable.

Only strong reason i have is 'emotional abuse' and 'incompatibility'.  Will 'emotional abuse' be considered as a strong reason, if i am able to cite good number of incidents????

Rajarshi Bhowmik (advocate)     09 February 2013

Hi Mr HK Jain and others ,

Thanks for titleing me cheap and....... but my point is we are commited towerds our clients interest and I has to look what are the leagal ways in which I can help him/her to achive his.her goal honestly think isn't it is a great problem and time consuming to get divorce my not initiating a criminal case. Yes I also appretiate that this is a mis use of law but to get the goal this is a option.

HK_Jain... (498a Fighter)     09 February 2013

 

You said you are committed with your client- right but for the cause not for the missusing the law and to abuse constitution. It doesn t mean you should be unethical towards your practice and your ZAMEER.

If a lady come to you for the Divorce and you advice her to file false 498a it is not the legal way Vakil saab Its a Illegal way to initiate the proceeding, as we all know when the harmony is distubed and lady goes to court no chance to cohabit again and leaving peacefully thereafter and ultimately all the proceeding ends on MCD.Then why you choose 498a.

Lady is the master of her case not you to decide the shortcut route for her.

If you know this is abuse of law then why are you doing so. you are a lawyer and its a family matter where emotions and sentiments involve.

Do you ever meet the family or the person who suffer from this stupid 498a.they can not sleep well, cry in alone,wake up in mid night,how they seeing in society & relatives circle,how the manage court/police/lawyers/ and thier job,how they feel when their old parents and sister's hubby goes to Jail, how police treat them, and what about the child involve in who neither react nor sense that seen in court play with balls in court complex. In my case my baby dont know me now and I used to see her in court complex and she used to play there, for her its a outing she dont know what are their parents are doing. just feel that agony,pain and harassment please.

And just because of your type lawyer.

 

Hemant

hkjain47@gmail.com

2 Like

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