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Sunanda (Home)     10 December 2014

I want to file divorce

Dear Lawyers,

 

I am married to a man since 6 years and we have a Boy of age 2 years.

My Husband is drunkard, and because of his illtreatment, I had filed a case on him and left him. Now living separate since one year. Meantime he accused me having relationship with a guy and published a fake news in local evening paper. I had given clarification for that news. 

Now i want to apply for divorce, and planning to remarry. My husband sometimes agrees for divorce and sometimes he will treat me like will kill you if file divorce. 

  1. I have a doubt that, how many months I have to wait to get divorce?
  2. Can my husband stop the divorce by saying about my character, i mean other relationship?
  3. I am planning to marry a guy ( my husband is unaware about this guy) who helped me during all this time, is this will be a issue for divorce???
  4. What I have to do if My husband threat me?
  5. What and all documents I have to give to lawyer during applying for divorce?
  6. How much it will cost for Divorce?

 

Please help. 



Learning

 6 Replies

Sunanda (Home)     14 December 2014

Please reply here

Deeply Hurt (PM)     14 December 2014

Originally posted by : Sunanda


My Husband is drunkard, and because of his illtreatment, I had filed a case on him and left him. Now living separate since one year. Meantime he accused me having relationship with a guy and published a fake news in local evening paper. I had given clarification for that news. 

Now i want to apply for divorce, and planning to remarry. My husband sometimes agrees for divorce and sometimes he will treat me like will kill you if file divorce. 

I am planning to marry a guy ( my husband is unaware about this guy) who helped me during all this time, is this will be a issue for divorce???
 

Please help. 

What case have you filed on your husband after you left him?

 

Btw, his accusations that you have an affair is proven by your own statement - "I am planning to marry a guy ( my husband is unaware about this guy) who helped me during all this time"

 

Your marriage is all but over. Talk to your husband clearly once and for all about everything and try to go for a MCD. Do not sling mud by filing false cases of 498a , 125 etc which some advocates might ask you to do.

 

But remember, the grass is always greener on the other side!

1 Like

(Guest)
Originally posted by : Sunanda


Dear Lawyers,

 
 

 

I have a doubt that, how many months I have to wait to get divorce?

1.  With this kind of wavering mentality of your husBand, you wont get divorce in this lifetime [read as another 10-12 years] as he will keep doing his Kabhi Haan, Kabhi Naa even in court.

Can my husband stop the divorce by saying about my character, i mean other relationship?

Read 1. and he can say anything about you in writing in his reply to your divorce petition, characterless, uncaring, of looose character etc etc.

I am planning to marry a guy ( my husband is unaware about this guy) who helped me during all this time, is this will be a issue for divorce???
Planning is good.  But you need to get divorce first which is going to be very tough to get. If you get married without getting divorce that fellow will go to jail for 7 years, so dont spoil his life.  First get divorce decree and then marry that fellow.


What I have to do if My husband threat me?
Go give written complaint to jurisdiction police station THAT husband is threatening you of dire consequences.


What and all documents I have to give to lawyer during applying for divorce?

Your marriage photo [you both wearing garlands and mangalsutra in your neck], your marriage certificate if any, your wedding card, his wedding card.  Child photo.  All photos should be of 4 X 6 size.

How much it will cost for Divorce?

Your life and the kids life.



 

Please help. 

1 Like

NATARAJAN IYER (Proprietor)     15 December 2014

@ HELPING HAND

How much it will cost for Divorce?

Your life and the kids life.

 

________________________________________

 

ha ha ha....excellent reply...helping hand...true indeed

Capt Jack (-)     15 December 2014

@ Sunanda 

 

The time and money required to obtain a divorce  in india and Seeking a divorce  is a long-drawn procedure. Instead of contested divorce estranged spouses can mutually agree to a settlement and file for a "no-fault divorce" under Section 13B of the HMA.

 


If you are  planning to remarry a guy  dont make any wrong legal step. it will distress you.

 

Ans

 

1)  a) If you choose contested divorce it will take 3 to 4 year approximately

      b) Plan for MCD it will take only 6 Month

 

2)  Yes

 

3)  Don't make this type of mistake

 

4)  If you realy want to remarry turn him for mcd

 

5)  The Conditions required under section 13B of the Hindu Marriage Act are as follows:


(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

 

6)  Depend on lawyer


1 Like

Sunanda (Home)     16 December 2014

Thank u all for replies. 

@helping hand : You are right to say that COST is Your life and the kids life.  but since I married him I am working and using that money for my living. He is drunkard. I moved away from him because I cant compromise my kids life.  I am still working while husband at parents house jobless. 

@Deeply Hurt : He accused me that I have relationship with almost 5 - 6 people. That too one of them is a small time celebrity :P and the evening news paper which published news , has carried the other side of the story favoring me next day. 

The cases which I put of him is not written its verbal, because of illtreatment, nieghbors had called Police. 

Thank u for all concerns and replies. So it is better to talk to him and make him to agree for divorce. 


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