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anu   04 January 2015

Please suggest

Hello, I got married a year back and ever since my life has been hell.

I'm from well educated and from a respected family. My wife also is well educated and working in govt sector.

She had been very abusive (verbally) towards my immediate family (Mom, Dad and my sister). She has once called police also to our home, her parents also came but it was settled.

recently she has started using the similar kind of language with me also, and last time i also did the same thing. I have recording of the same but we both are lashing out on each other. 

She has asked me to file a divorce, I also think i should file for divorce. 

I just wanted to know what should i do, what is the best and safest way to proceed with this. please note: she is currently living in our family home with me. I also, want her to move out of my house, is there any legal way to do it. 



Learning

 8 Replies

N R Dash.. (Advocate)     04 January 2015

If both of you want to live separately file MCD, that would be less time consuming and the easiest way....

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 January 2015

 The Bombay high court on Tuesday waived the mandatory six-month waiting period for couples, who, during the pendency of their appeal against the family court order, decide to end their marriage through mutual consent. Appeals against family court orders are heard by the high court. The latter can now instantaneously grant divorce.

1 Like

Advocate Ravinder (Advocate/Attorney)     04 January 2015

You cannot drive away her from your house abruptly.  She has a right to stay in husband’s place.  You have two options.  If your wife is willing, settle one time alimony and get mutual consent divorce.  If she is not willing to give mutual consent, then you have to file divorce petition under the ground of cruelty and non consummation (s*xual enjoyment). It may take 3 to 4 years to get contest divorce.  For further clarification contact me ravinder2345@gmail.com.

1 Like

anu   04 January 2015

Originally posted by : ramachary64@gmail.com

 The Bombay high court on Tuesday waived the mandatory six-month waiting period for couples, who, during the pendency of their appeal against the family court order, decide to end their marriage through mutual consent. Appeals against family court orders are heard by the high court. The latter can now instantaneously grant divorce.

Hello Sir, I thank you for taking your precious time out for replying, can you please suggest if the MCD is filed, on what grounds I or she can contest for the alimony. I earn around 15 lakh pa, shes earning 4 lakh p.a. we are living in our ancestral home. I might have around 10 -15 lakhs of saving, she will have around 4-5 lakhs of saving. We do not have any property other then the home we live in. Does she have any rights on this home? Please suggest.

K.K.Ganguly (Advocate)     04 January 2015

1. Your wife has a right to stay with you at your place,

 

2. Both of you can file mutual consent divorce petition after mutually agreeing for payment of compensation,

 

3. Wife will have no right on the property of her husband till his life time. She will have right to be maintained and accomodation right,

 

4. After your availing the decree of divorce, you wife will not stay as your wife and will have any right as wife on you.

Navaneetha Krishnan (engineer)     05 January 2015

Dear Ramachary Sir,

                                           Can you post some reference on link for the waiving of the Mandatory 6 months waiting period in MCD.This is a good news for many ppl esp for uncertainity over second motion.

Navaneetha Krishnan (engineer)     05 January 2015

I got the link online but looks like its a old article(2012)

 

https://timesofindia.indiatimes.com/city/mumbai/No-waiting-in-mutual-consent-divorce/articleshow/16549590.cms

T. Kalaiselvan, Advocate (Advocate)     06 January 2015

You have stated to have married just a year back but you both are not compatible with each other. It will be too early to decide about breaking the relationship or marital ties.  You have not even seen the actual married life so far but hurrying up in ending it before it started. I think if the issues are understood, a conciliatory effort may be made to save the marriage which still deserves to be saved.  Question of paying alimony will depend upon the social status of both the spouses, especially after the marriage and various other factors.  For divorce under mutual consent, it is pertinent that you both should have lived separately for one year period.  For a divorce on the grounds of cruelty, the trivial reasons cannot be considered valid reasons.  Better both attend a session with or appear before a counselor, take advise and decide about living together or to break the ties.  Never be in a hurry to take any decision.


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