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kavita (.)     15 July 2015

Divorce

Hello, I Surekha from thane want to know about divorce filing. I am married women and i have 10 years son. We lawfully married on may 2004 and my son born on oct 2005. after marriage we both started living together at kandivali. After marriage within a 1 month my husband get doubt on me that time i worked with pvt company and because of my husband getting doubt on me and giving bad words i leave that job.Due to preganancy i came to my matrimonal home at thane and delivered a male child. After d birth of son my husband came to meet him only once in a year. In 2008 he came to my matrimonial home and gave bad words to my father and my family, my son saw this fatherbehaviour and get fear. My in laws said that we are ready to care of me and my son but condition is that i have to stay at village but my husband couldnt say anything on it.I fed up with him i want divorce from him. Please give advice that on which ground i take divorce?



Learning

 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     15 July 2015

Mam,

 

You can seek divorce on the ground of cruelty and desertion as well. Kindly gather the some incidents which will help you prove the case against him ....

 

Warm Regards

Kapil Chandna Advocate

9899011450

pari   15 July 2015

Hi, 

i got married on 1st dec 2014 under special marriage act. we stayed 1 month together that too was honeymoon during that period he was not at all gud with me. we had arguments, he ill treated me forced me for everything right from food, clothing, travelling to s*x. He doesn't like if some male person saw me even if it is stranger. I don't find him physically fit too. He hided that he took some pills 3 hours before intercourse., i came to know about this while on my honeymoon when i was packing his suitcase. When I asked him he told me that it is nothing just a urologist gave him becoz he was not at all engaged in any s*xual activity from last two years. I don't believe this fact becoz he stayed in Austrailia . And if so then why didn't he tell me this earlier before marriage. Neither i found him mentally fit. He pushed me due to which i fell down and got an injury on my head. after which i have been hospitalised 3 times in that 1 month. he doubted on me, insulted my family too. I want a divorce from him. earlier he was agree for mutual divorce but now he is creating a problem and telling me for the RCR. and threatening me that i have to stay with him. i don't want to stay with him. I am staying away from him from Jan 2015. what should i do so that i will get a divorce? under which grounds shall i file my divorce? If he file for RCR then what shall i do as i don't want to stay with him, i am scared of him.

saravanan s (legal advisor)     15 July 2015

file contested divorce on grounds of cruelty

pari   15 July 2015

my marriage will complete 1 yr on Dec 1st, after how many days can i file for divorce on grounds of cuelty? 

will after filing on grounds of cruelty is my husband still can appeal for RCR or just in case of mutual divorce only?

SAINATH DEVALLA (LEGAL CONSULTANT)     15 July 2015

Pari,U should not intrude into this query,it will not be answered.U have to post a new thread.

Well, Sulekha,How did U bear the torture all these years and why do U intend to opt for divorce now,U should have done it long time back.Was he caring for his son?

Adv. Chandrasekhar (Advocate)     15 July 2015

Ms. Pari,

You should take the following steps:

1.  File Domestic Violence case from the place, where you are living right now (I suppose you are living separately from him, probably with your parents) and in this case you ask "protection rights" by which he cannot communicate with you by any mode or to contact you.

2.  After completion of one year, you file divorce case on the ground of cruelty.  After your filing divorce case, both his RCR case and your divorce case will be tried together.  During these court proceedings, in most cases parties will agree for mutual consent divorce.  If he does not accept for MCD, then also you need not worry. 

3.  If worse comes to worst, suppose your divorce case will be dismissed and his RCR petition will be allowed, then also you have nothing to worry.  Even after the court passes RCR decree, you need not go to him and cohabit with him.  One year after passing of RCR decree, you can again approach the court with divorce petition on the ground that there was no compliance of RCR decree.  Most of the advocates, who have not gone thoroughly court judgments, advise you that you are not entitled to get divorce on the ground of non-compliance of RCR decree, as you are a guilty party and you are the one who refused to cohabit.  The law is not so.  Even RCR decree is passed against you, if you will not cohabit with him one year after the decree, you are entitled to divorce. 

1 Like

Adv. Chandrasekhar (Advocate)     15 July 2015

@Kavita, you can file divorce case on the ground of cruelty.

Nitin (marketting manager)     15 July 2015

Hello kavita,

    Try to settle the issue amicably, do not file any fault cases,they will come back and haunt you later when the cases are not proved corrrect,most cases favour Women,but when you fail to prove alligations on your claims you will pay the price and will loose yourself.

Nitin.


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