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Divorce case for the past 8 years

Page no : 2

Kunuthur Srinivasa Reddy   26 December 2017

There are no grounds for him to seek divorce. Not U worry.

latha   08 January 2018

Dear All,

Please note that me and hubby was directed for mediation. after a long period of time i am seeing my hubby and i tookmy son there to see his father, but hubby never care for his son. now also he is still stuburn that he wants divorce and he will live his life as a bachelor and if he was asked to rejoin me means he will commit suicide. so  mediator again posted this matter by next week.

in this situation i dont know how to react and i had cried there in front of all to rejoin him.but he never cares abt me or his son as he is seeing his son for the 1st time.hubby saying that i will give her lumpsum amt within his capacity to let me free.

please advice me of what to do in this situation.whether accept for divorce and get alimony or shall i contest still.

need all of ur suggestions who is seeing this post.

 

Kunuthur Srinivasa Reddy   08 January 2018

Ultimately, his petition for divorce done afresh after its dismissal will be decreed in his favour. U.need to satisfy claiming maintenance. What kind of family life it would be to live with an unwilling husband? Better say good riddens.

Kunuthur Srinivasa Reddy   08 January 2018

Ultimately, his petition for divorce done afresh after its dismissal will be decreed in his favour. U.need to satisfy claiming maintenance. What kind of family life it would be to live with an unwilling husband? Better say good riddens.

latha   05 March 2018

Dear All,

Please help me.

Atlast my mediation procedure was over last week.in spite of my several request my husband wants only divorce and also saying that he needs to remarry.he is not at all seeing his child and saying that he will pay lumpsum amount as alimony for me and my son.so I too going to give consent for divorce.my query is as below,

1.whether I need to inform this to my advocate or his councel or directly needs to give letter to court judge?

2.my councel is saying that " my waiting period is over and court also will give divorce in favour of my husband as the seperation was almost 11 years. (in fact iam not the one reason for seperation and iam writting letters to hubby asking for rejoining from beginning onwards and also sending him our son's photos etc etc , son also writes letter to father and moreover seperation also during case pending only)

3.my councel says that this is the good time to get alimony (during mediation process) and after that , once the mediator gave report to the court that so and so was happened in mediation session and husband not willing to rejoins means, the court will consider and give divorce to hubby and you have to again file for permenant alimony after my hubby remarriage... that will take so many years to decide and your husband will enjoy the life , so pushing me to accept for divorce and insisting for getting alimony.

4.please clear me that I wants to rejoin him, but he is not willing for the same.he can lead his life happily with whom he loves.so i will accept for divorce, but for the sake of my son definetly i will get alimony (what ever may be the amount) till now i didnt gone for maintenance case and not getting any money from him.

5.if court granted divorce , at that same time judge will ask me na...? for alimony and decide on the same day only na... or i need to seperately apply for alimony after granting divorce?  plz clear me friends.....

 

Adv Radhika Mehta (Advocate)     05 March 2018

Originally posted by : latha

Dear All,

Please help me.

Atlast my mediation procedure was over last week.in spite of my several request my husband wants only divorce and also saying that he needs to remarry.he is not at all seeing his child and saying that he will pay lumpsum amount as alimony for me and my son.so I too going to give consent for divorce.my query is as below,

1.whether I need to inform this to my advocate or his councel or directly needs to give letter to court judge?

You need to inform your decision to your lawyer. He will communicate the same to the Judge. 

2.my councel is saying that " my waiting period is over and court also will give divorce in favour of my husband as the seperation was almost 11 years. (in fact iam not the one reason for seperation and iam writting letters to hubby asking for rejoining from beginning onwards and also sending him our son's photos etc etc , son also writes letter to father and moreover seperation also during case pending only)

Simpliciter because the seperation period is long, the Judge will not dissolve the marriage on that basis.  That does happen but only when both parties are agreeing for Divorce as at that point of time, the Court overlooks all procedural requirements and grants Divorce. In case you do not consent to Divorce, your husbsand will have to satisfy the Court on the merits of his case. 

3.my councel says that this is the good time to get alimony (during mediation process) and after that , once the mediator gave report to the court that so and so was happened in mediation session and husband not willing to rejoins means, the court will consider and give divorce to hubby and you have to again file for permenant alimony after my hubby remarriage... that will take so many years to decide and your husband will enjoy the life , so pushing me to accept for divorce and insisting for getting alimony.

It is important and pertinent that all issues including your alimony get resolved at this stage itself. So your lawyer can brief the Court on your decision and seek the Court's intervention in resolving the issue. 

4.please clear me that I wants to rejoin him, but he is not willing for the same.he can lead his life happily with whom he loves.so i will accept for divorce, but for the sake of my son definetly i will get alimony (what ever may be the amount) till now i didnt gone for maintenance case and not getting any money from him.

While i can understand how painful this is for you, there is no point in staying in a loveless marriage. You need to get alimony for your son as well as for yourself. 

5.if court granted divorce , at that same time judge will ask me na...? for alimony and decide on the same day only na... or i need to seperately apply for alimony after granting divorce?  plz clear me friends.....

Your lawyer and his lawyer will have to settle all issues and submit them in writing in the form of Consent Terms before the Court can pass an order. 

 

 

latha   06 March 2018

Dear Madam,

Thanks for the replies.

plz clear me one more query as my councel is saying that I need to prove the salary amount of my husband whereas I am not having any supporting documents to show before court,but i hear thru one of his friends that he is earning so & so much..

amount of alimony is not a problem , but if i was asked to submit any proofs means...

what i need to do , plz clear me whether it is mandatory for wife to provide supporting documents to show the salary of her hubby?

Adv Radhika Mehta (Advocate)     06 March 2018

Originally posted by : latha
Dear Madam,

Thanks for the replies.

plz clear me one more query as my councel is saying that I need to prove the salary amount of my husband whereas I am not having any supporting documents to show before court,but i hear thru one of his friends that he is earning so & so much..

amount of alimony is not a problem , but if i was asked to submit any proofs means...

what i need to do , plz clear me whether it is mandatory for wife to provide supporting documents to show the salary of her hubby?

The question of submitting proofs does not arise as we are talking of a settlement here. You should at all counts be reasonable and not demand an exorbitant amount which you know your husband cannot afford.  However, even if the Judge asks fo proof, your advocate has to say that parties have been living seperately for so many years so you are not aware.  He may be directed to furnish his income documents.  You just work out the amount you require, both lumpsum or monthly. 

Adv Radhika Mehta (Advocate)     06 March 2018

Originally posted by : Adv Kamakshi (Nellore)



Originally posted by : Adv Radhika Mehta






Originally posted by : latha




Dear All,

Please help me.

Atlast my mediation procedure was over last week.in spite of my several request my husband wants only divorce and also saying that he needs to remarry.he is not at all seeing his child and saying that he will pay lumpsum amount as alimony for me and my son.so I too going to give consent for divorce.my query is as below,

1.whether I need to inform this to my advocate or his councel or directly needs to give letter to court judge?

You need to inform your decision to your lawyer. He will communicate the same to the Judge. 

2.my councel is saying that " my waiting period is over and court also will give divorce in favour of my husband as the seperation was almost 11 years. (in fact iam not the one reason for seperation and iam writting letters to hubby asking for rejoining from beginning onwards and also sending him our son's photos etc etc , son also writes letter to father and moreover seperation also during case pending only)

Simpliciter because the seperation period is long, the Judge will not dissolve the marriage on that basis.  That does happen but only when both parties are agreeing for Divorce as at that point of time, the Court overlooks all procedural requirements and grants Divorce. In case you do not consent to Divorce, your husbsand will have to satisfy the Court on the merits of his case. 

3.my councel says that this is the good time to get alimony (during mediation process) and after that , once the mediator gave report to the court that so and so was happened in mediation session and husband not willing to rejoins means, the court will consider and give divorce to hubby and you have to again file for permenant alimony after my hubby remarriage... that will take so many years to decide and your husband will enjoy the life , so pushing me to accept for divorce and insisting for getting alimony.

It is important and pertinent that all issues including your alimony get resolved at this stage itself. So your lawyer can brief the Court on your decision and seek the Court's intervention in resolving the issue. 

4.please clear me that I wants to rejoin him, but he is not willing for the same.he can lead his life happily with whom he loves.so i will accept for divorce, but for the sake of my son definetly i will get alimony (what ever may be the amount) till now i didnt gone for maintenance case and not getting any money from him.

While i can understand how painful this is for you, there is no point in staying in a loveless marriage. You need to get alimony for your son as well as for yourself. 

5.if court granted divorce , at that same time judge will ask me na...? for alimony and decide on the same day only na... or i need to seperately apply for alimony after granting divorce?  plz clear me friends.....

Your lawyer and his lawyer will have to settle all issues and submit them in writing in the form of Consent Terms before the Court can pass an order. 

 






 





What kind of advice is this?

Did i ask you for your opinion? Are you the querist? Kindly keep your nose in your own business and do not poke in mine.  Im not here to explain my reply to so called lawyers. 

1 Like

Kumar Doab (FIN)     06 March 2018

Is your case in Mediation at HC?

If mediation fails then mediator shall submit failure report.

Thereafter you may not another opportunity for mediation.

If both spouses have agreed for separation by mutual consent and firmed up T&C then settle for MCD and with draw all other litigations and complaints……

Kumar Doab (FIN)     06 March 2018

You have a Lawyer and your lawyer has advised you. The advice seems to be proper from limited portions that you have been posting.

Let your Lawyer and lawyer of your spouse advice their clients on T&C that should be reasonable or your spouse may not agree…

If you wish you can end litigation and accept permanent alimony against al past, present, future claims…..

It is free from Income Tax…and does not invite tax treatment.

It is felt that the income proof of spouse is not required for permanent alimony to be paid in case of MCD….and you don’t need to establish as well.

SO why bother for these…!

latha   07 March 2018

Dear Friends and Learned Councels,

Thanks for the replies given to me.

I will act according to your advices and post the upcoming happenings....

latha   07 March 2018

Dear All,

I have one more query.. plz clear me.

Now I was not interested to get alimony, so why i need to insist for Divorce and I can wait till the disposal of this divorce appeal na?

even if the divorce decree goes in favour of hubby (definetely he wont get as he had done so many wrong things that will go against him only), then also for the sake of me & my son future the honarable court will decide about the permanent alimony right? (correct me if i am wrong)

so i can wait till the outcome of divorce result and can get alimony on that time as judge will decide the same na?

plz learned councels and friends - help me out in this situation.

i wish i want to be his wife ATLEAST for the time being the disposal of appeal......

after that the appeal will have to be file in supreme court or in high court itself...

 

Adv Radhika Mehta (Advocate)     07 March 2018

Originally posted by : latha

Dear All,

I have one more query.. plz clear me.

Now I was not interested to get alimony, so why i need to insist for Divorce and I can wait till the disposal of this divorce appeal na?

Whether you want to put an amicable end to your marriage or fight till the very end, that is your call alone. However, there is no point in staying in a loveless marriage. 

even if the divorce decree goes in favour of hubby (definetely he wont get as he had done so many wrong things that will go against him only), then also for the sake of me & my son future the honarable court will decide about the permanent alimony right? (correct me if i am wrong)

Was there any prayer to that effect before the lower court and any order of maintenance was passed? Either ways, even if the Court grants, it wont be a lumpsum amount but most likely a monthly maintenance. 
so i can wait till the outcome of divorce result and can get alimony on that time as judge will decide the same na?

Depends upon the prayers. 
after that the appeal will have to be file in supreme court or in high court itself...

Supreme Court. 

 

 

latha   20 April 2018

Dear Friends and Learned Councels,
 
Please reply to my query. Already fighted for so many years with my hubby to rejoin him but it ended in vain. even he was not yet proved any of the single allegation. my brief story was already discussed here. now me too came to a conclusion for giving consent to divorce half hearteredly which was asking by my hubby. during the regular contested case how to give consent with judge for this divorce. either to file seperate MCD petition or in this CMA case itself at any time can give oral consent? Please help me out.

 

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