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Sivaramakrishna M   02 June 2020

Need possibilities to get divorce

If I write my problem needs pages to explain. So I try to post in short. My question is how can I get a divorce without giving alimony as my wife is also working. I had a baby of 3+yrs so will it be like one time settlement or monthly. Reasons for divorce

- Got married 4.6yrs back but had physical relation for only first 6 months. She never permitted me after she became pregnant.
- After 18 months of marriage it was identified by doctors I had an incurable disease which needs medication for the whole life
- My wife/in-laws never come to hospital for me and least bothered. More over they say I have deceived them and got married which is not correct.
- Before marriage my wife had two affairs which I know. As she restart talking with one of them being with me, I sent her to her native expecting they correct it. This is 2 years ago.
- in-laws are least bothered about it. So instead of settling the issue they sent my wife to hostel and bought a job for her.
- Knowing her character I didn't agree to join but she blocked my calls and doing what she wants.
- Now I need a person support to look after my health as in further stages I might be affected by paralysis/wheelchair/loss of vision due to the disease.
- I asked my wife to give divorce to get a lady to look after me but she never agreed saying we had a baby. She might come to me after some years when she lost everything but I can't accept because of her playgirl character.

Sir's, Please tell me is there any possibility to get divorce with my wife from the above mentioned subject


Learning

 7 Replies

Dr J C Vashista (Advocate)     02 June 2020

Seeking a decree of divorce is possible when there is a mutual consent and she agrees / states that she do not want alimony, otherwise there is no scope for escape from payment of maintenance, even if she is working.

You are liable to take care of child, if s/he (baby) is in her custody.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 June 2020

Originally posted by : Sivaramakrishna M
Please tell me is there any possibility to get divorce with my wife from the above mentioned subject

 

1. Various events mentioned by you implies that Wife has knowingly abandoned you in your sickness and distanced your child from you.

2. The above constitutes "CRUELTY" to you by Wife and you can easily get Divorce without having to pay any type of Alimony & Maintenance or whatever....  However you will not be entitled to Child custody due to your mentioned sickness.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

2 Like

Sivaramakrishna M   02 June 2020

Thanks sir for your response.
Once I file case if she says she will come and look after me to dilute the case (she is a big tongue twister) as she clarified me many times she won't give divorce and I'm sure even if she come back she try all ways to show her actual colour and torture me without giving food and roaming with bfriends(happened earlier) situation will become worse. If I say about her past affairs and her behaviour with me will court accept and disallow her stay with me?

My intention is if I file the case there shouldn't be any step back.

P. Venu (Advocate)     02 June 2020

As already suggested, you have a good chance to get a decree of divorce based on 'cruelty' on  the part of the wife. However, you should rely on material facts that would decisive in proving the allegation leaving out surmises and conjectures.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2020

Originally posted by : Sivaramakrishna M
she says she will come and look after me to dilute the case (she is a big tongue twister) as she clarified me many times she won't give divorce and I'm sure even if she come back she try all ways to show her actual colour and torture me without giving food and roaming with bfriends(happened earlier) situation will become worse. If I say about her past affairs and her behaviour with me will court accept and disallow her stay with me? My intention is if I file the case there shouldn't be any step back.

 

1. Law /Courts does not work as per your intentions /whims & fancies.  If you are so imaginative & apprehensive of things around you, THEN do not file Divorce and learn to enjoy the sufferings given by Wife.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Sivaramakrishna M   03 June 2020

Thanks Hemant sir. No need to learn as I'm already facing the sufferings.

if you can provide the sections under which I need to file the case I will find a local lawyer and proceed in the way you told in your first reply.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2020

Originally posted by : Sivaramakrishna M
if you can provide the sections under which I need to file the case I will find a local lawyer and proceed in the way you told in your first reply.

 

1. Experts over here provide you "basic /prelimiary guidance & advice, which is without any fees.

2. Since you are going to pay to your lawyer, let your lawyer do the home work of finding out sections or case laws or whatever. For specific technical queries, consult with a local lawyer specializing in Family Court matters, after showing him all the relevant documents and your problems.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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