Divorce

If you have finally decided to file a divorce case, there is no need for me to talk about mediation and involvement of elders, blah..blah.  You can file divorce case on the  ground of cruelty and she is not entitled to maintenance.  You also should file simultaneously for child's custody case and in that move an application for visitation rights to meet your child at regular intervals.  Also be prepared that she will file DV case, S.125 maintenance case for herself and child (even though she is not entitled for her, but you should pay maintenance for the child) and if she is much revengeful, may file S.498-A case.  But do not deter.  file divorce case.

Thanks Chandrasekhar Sir,

Should I first separate up and then file divorce case or can I file something while staying in same house. Some intimation report that I want to separate up and request permission to meet my son on regular basis. If I separate up and file a case it can take 3-4months to get legal permission to meet my son – my son is my emotional weakness and that’s the reason I have not filed divorce till date.

I’m mentally prepared for DV, Dowry and maintenance cases however there is no ground for it – I have live (Cruel) conversation recording with my Wife and my Mother-in-law’s telephonic conversation – I purposefully asked her if we demanded anything in marriage or after that which she denied completely.

I'm reading a lot on the possible proceeding to start with.

Per my readings, I guess, I can file a case under Section-10 of Hindu Marriage Act - basis Cruelty.

Can you please suggest how to proceed in Section-10 (Judicial Separation) - What all proofs can I produce under this section - as I mentioned previously - I have a recoding which supports my petition..

S.10  allows the existence of husband and wife relationship, each spouse will not have any right or duty against the other spouse. The grounds to get judicial separation are same like divorce, people will not opt for judicial separation.  In your case also, if you get judicial separation, then you are not entitled to live under the same roof with your wife, in whose name the house is titled.  So, forget it.  Also, I suggest that if you want to get divorce, it is better for you to move away from the wife's house and file it along with custody case and bear with the child's separation for a few months.  Living under the same roof with the wife and filing divorce may put you in precarious situation, if she is vengeful and file a physical assault case in which you may be put behind the bars.