Venkata Naga Suresh (Sr. Manger Ops) 12 September 2014

Divorce

Hi,

I was a victim of 498A, which is now contested as ACQUITTAL on 27-08-2014.

Now I am seeking for Divorce. Please suggest me how soon I can get rid off my marriage life.

Details are appended below;

Date of Marriage: 23-11-2008

Place of Marriage: Dwaraka Tirumala, Eluru Dist, Andhra Pradesh.

Last Residing Place: Shyam Nagar, AC Guards, Masab Tank, Hyderabad.

Childern: 1 Son

Child Age: will be 4 yrs by 13-10-2014

Child is with Mother

My Wife is a State Govt, Emp. working as Jr. Personal Officer, GPF Dept., with APTRANSCO at Hyd'bad.

My wifes Gross Salary: 30,000/- PM

I'm a Pvt. Emp. working at Kakinada, East Godavari Dist., Andhra Pradesh with a Gross Salary: 15,000/-

My wife filed a 498A against me and on my parents on 28-09-2011, I alone was remanded for 3 days and later enlarged on bail. later My parents obtained an anticipatory bail and filed a discharge petition with AP High Court and got quashed. I alone has attended for trail and got disposed off on 27-08-2014.

I have no properties neither on my name nor on my father's name, but there is small plot of 250 sq yards on mother's name which is ancestral property.

I have a risk coverage of LIC policies which is around 50 lakhs. I see a life threat from my in-laws to benefit the risk coverage amount on me under the nomination of my wife.

I'm not ready for reunion with my wife as she blindly following her family members suggestions.

My DoB is 16-07-1976

My wife's DoB is 13-01-1973

Please suggest me all possible pros and corns in my case to go for Divorce.

Reply Follow

4 Replies

Tajobsindia (Senior Partner ) 12 September 2014

1. Most facts that you mentioned in your brief are starting paras for a divorce petition.

2. The acquittal in S. 498a IPC is due to false case or due to lack of evidence?

3. 'Grounds' for divorce which may be used by you under personal law could be 'cruelty'. Consult with your already hired advocate and proceed in accordance with law.

[Last reply]

(Guest)

Originally posted by : Venkata Naga Suresh

Hi,

I was a victim of 498A, which is now contested as ACQUITTAL on 27-08-2014.

Now I am seeking for Divorce. Please suggest me how soon I can get rid off my marriage life.
IF your wife gives you MCD, in 18 months flat you can get divorce. If she wants to contest divorce it may take up to 7- 8 years to get divorce. By 2022 you will be a free man again. !!

Details are appended below;

Date of Marriage: 23-11-2008

Place of Marriage: Dwaraka Tirumala, Eluru Dist, Andhra Pradesh.

Last Residing Place: Shyam Nagar, AC Guards, Masab Tank, Hyderabad.

Childern: 1 Son

Child Age: will be 4 yrs by 13-10-2014
Will have to pay alimony to kid till 18 years of age,

Child is with Mother
You will get visitation rights.

My Wife is a State Govt, Emp. working as Jr. Personal Officer, GPF Dept., with APTRANSCO at Hyd'bad.

My wifes Gross Salary: 30,000/- PM

You need not pay her maintenance.

I'm a Pvt. Emp. working at Kakinada, East Godavari Dist., Andhra Pradesh with a Gross Salary: 15,000/-

My wife filed a 498A against me and on my parents on 28-09-2011, I alone was remanded for 3 days and later enlarged on bail. later My parents obtained an anticipatory bail and filed a discharge petition with AP High Court and got quashed. I alone has attended for trail and got disposed off on 27-08-2014.

Bravo.

I have no properties neither on my name nor on my father's name, but there is small plot of 250 sq yards on mother's name which is ancestral property.

Ancestral property can be claimed by kid, and wife can gain entry to such property via DV act 2005, so better arrange for sale of such property.

I have a risk coverage of LIC policies which is around 50 lakhs. I see a life threat from my in-laws to benefit the risk coverage amount on me under the nomination of my wife.

Go to nearest police station and lodge complaint against people whom you suspect will kill you.

I'm not ready for reunion with my wife as she blindly following her family members suggestions.

No court can force you to accept your wife back. Though there is a chance that your wife may gain entry to your house via DV act 2005 u/s 23.

My DoB is 16-07-1976

My wife's DoB is 13-01-1973

Please suggest me all possible pros and corns in my case to go for Divorce.

rapra_1234 (SE) 12 September 2014

Dear Helping Hand,

I have no properties neither on my name nor on my father's name, but there is small plot of 250 sq yards on mother's name which is ancestral property.

Ancestral property can be claimed by kid, and wife can gain entry to such property via DV act 2005, so better arrange for sale of such property.

I have a doubt in you answer above.Please correct me if am wrong.

Wife can be a guardian for the minor child and file a case asking for the share in Husbands own property(acquired post marriage) and Husband's paternal ancestral property but not on maternal ancestral property or in laws self earned property

Venkata Naga Suresh (Sr. Manger Ops) 13 September 2014

Dear Helping Hand,

My sincere apologies for wrong info... After your reply I discussed with my father for the actual facts of the asset of 250 sq yards is a hard earned P.F money of my father was invested to register the property on my mother in the year 1990-91 and not the ancestral..!

With this I wish you could guide me rightly.

Thanking you.