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sunny (hardware)     05 December 2016

Divorce

Hi Lawyers,

It has been 2 years 1 month she is living in her mother house.

a. My wife left in 7 month fo rdelivery of child and sitting her mothers house now  my baby is 2 years .Where I am unable to play with baby and enjoy time. She is not willing to give me divorce ,mutual divorce or ready to comed down.

I request you to kindly let me know the process and procedure for getting divorce . HOW should I prove to the court.

b. I want to know what the precautionary steps I should take to save my myself and family memebers

c. I want to go for a lving relatioship as my wife dosent wnt to come down,.Even if she  files adultration/illigal relationship.I dont want to deceive a person who came trusting me.

I have enclosed her mind set. I would like to take each every one openion. What will be here future plans and next moves.Please advice me.

1.she has applied passort with from "G" single parent and got the passport for my child  to live abroad without giving divorce so that i cannot marry as per the law. Once left I am stuck with no options..

2. To join in the creach requires mimum 2 years in abroad so she is staying in india in her mothers house later want to move abroad.

What is that you want  ? ::

If you want me and kid she said will take a seprate house in chennai or else in abroad (As it is japan there is a language problem for me so that she can have full control as I need to ask her for each and every information).

My company dosent have a branch in chennai ?

As you know I work in bangalore, I told her you said last time you agreed  to stay seprate in banglore or pune now your saying "NO" , no know clearly that my job is in banglore and said will get the transfer as you have a branch there now your saying "NO"

How are you going to manage kids when both of us are working ?

She said we will drop the kids in creach if we are in abroad and in chennai we will take house next to my mothers house, I said that is not fair we should take of my elder parents as your brother is taking care of your mother . when there are elders in home who will share there knowladge to kids and bring well up last 15 months your mother was enjoying with kid my parents too like to enjoy with there grand daughter, I willl not allow your parents to touch  the kid.

Control over me  ?

I asked her you want everying thing in your way and control me is wrong,

a.You cannot say that my parents should not enjoy with the grand daugher is wrong.

b.when you have option to move to banglore or pune still you did not opt for the same.

c. In japan as you know language, I have to depend for every information .

Life is getting ruined ?

My life is getting ruined here with out kid and wife your not allowing me to get married to some one nor your ready to live with me
Japan plans?

She said I have lot of demand in japan .

If your not interested in living with me let go for mutual divorce ?

I asked her if your not interested in living with me then give me mutual divorce where there will be no problem for both  of us so that both lawyers either side will speak and sort out things. She said will not give mutual divorce.

Lets file a divorce ?

She said you file the divorce, then I will show the colours to your family and make sure every one is getting suffered. I will NOT file divorce.

With Regards

Sunny



Learning

 19 Replies


(Guest)

Barking dogs wont bite, just go ahead and file divorce based on cruelty.  You can further PM for any advice.

Ms.Usha Kapoor (CEO)     05 December 2016

 First issue a legal notice stating that if you fail to join me I'd issue divorce to you.. In case she doesn't respond file divorce on the grounds of cruelty and desertion etc.She  has been denying conjugal realtionship with you etc.Which tanatamounts to cruelty and now she is distancing yourbaby also away from you.All this is nothing but cruelty on her part.If you  win RCR AND SHE REFUSES TO JOIN YOU YOU CAN INITIATE DIVORCE PROCEEDINGS IN  THE FAMILY COURT ON THE AFOREMENETIONED TWO GROUNDS.iF YOU PPRECIATE THIS ANSWWER PLEASE XCLICK THE LIKE BUTTON.

2 Like

sunny (hardware)     06 December 2016

Hi All,

First thank you for studing my case histroy and repling back. I will move forward in sending the Notice as per all your advice.

If she files a complaint  on me and my family members . All the numbers avilable in the law

what are all the precautinery steps should I take and how should I go about the same

For quicker closure of the case procedings.

Please advice...

With Regards

Sunny

 

 

sunny (hardware)     06 December 2016

Hi Sir,

I do agree barking dogs wont bite. Politicians bark and get elected.

Now due to many crualty for women cases those who have not done mistake are also suffering.

First I want to protect my parents as a son rest all falls in place.

So,Please advice the safety of parents what need to be done and how to go about on the same.

With Regards

Sunny.

Ms.Usha Kapoor (CEO)     06 December 2016

YOu say they are SENIOR CITIZENS AND REQUIRE REST  ALL THE TIME. yOU XCan't IMAGINE YOUR PARENTS DOING ANY Harm to your wife or their daughter in law. etc.tHEY HAVE BEEN SUFFERING FROM BP and Diabetes o rany other disease, surgery etc and recuperating..

                        She may file DV case, 498A case, 125 Cr.P.C case section 406(Return o f her Stridhan) ) MAINTENANCE AND CUSTODY OF CHILDREN IF THEY ARE AB0VE 5   YEARS OLD, RESTITUTION  OF CONJUGAL RIGHTS AND DIVORCE WHICH SHE ALSO MAY FILE.  sHE ALSO MAY FILE RCR AND DIVORCE, 406 IPC RETURN OF STRIDHAN ABSENCE OF WHICH GIVE RISE TO CRIMINAL BREACH OF TRUST) ETC. AND DIVORCE.iF YOU WISH TO THANK ME PLEASE CLICK LIKE BUTTON.

1 Like

whatnot   06 December 2016

One needs to apply restrain until all other options are exhausted.

Tollerrence is not condonation. And no one can predict future.

Best way to move forward is, Rent a place. Send a legal notice with that rented place as marital home. If she fails to respond, move to RCR if you want to continue relationship and seek visitation rigths. Or move to file a divorce. While it is true that by law men are handicapped if they move to divorce, it is also true that petitioner has a slight advantage something similar to serving in a tennis match.

If the cross over has happned there is no point in building bridge. Let law take its course.

Don't block child access to anything even thier travel.

Live and let live

sunny (hardware)     08 December 2016

Hi  All,

If she filed a below mentioned cases on me .What all the proofs I need to submit to the lawyers so that he can win the case with out any problems.

1.file DV case, 498A case

Ans:

2.125 Cr.P.C case section 406(Return o f her Stridhan)

Ans:

3.MAINTENANCE AND CUSTODY OF CHILDREN IF THEY ARE AB0VE 5   YEARS OLD

My update :::  I have a girl child 1.5 years old born in 1st July 2015.

Ans::

4.RESTITUTION  OF CONJUGAL RIGHTS AND DIVORCE WHICH SHE ALSO MAY FILE

Ans::

5.FILE RCR AND DIVORCE

Ans:

6.406 IPC RETURN OF STRIDHAN ABSENCE OF WHICH GIVE RISE TO CRIMINAL BREACH OF TRUST) ETC. AND DIVORCE

Ans:::

With Regards

Sunny

whatnot   08 December 2016

'If' is operative word.

Has she filed any?

sunny (hardware)     08 December 2016

Hi What not,

She has not filed but said once you file I will show my colour to you

With Regads

Sunny

whatnot   08 December 2016

Japan is one of the most regressive country for emigration. By your query she already holds some kind of entry into this country. Now question arises what is the reason for such a discord?. Where the fault lies?

 

Everyone worth his/her salt will put forward argument and is confident that he/she will prevail. But once court is invovled it  is hardship for all party concerned. No matter what proof one has. The only concern yours should be if you had taken dowry. Then game is tilted to her favour and you will face consequences.

 

If you can change company and find a job in Chennai , go and stay next to her parents place and fulfill her wish. Make sure all kinds of cameras attached and let things take its own course. Hopefully common sense will prevail and all concerned party will stay calm and take for the child.

 

If not possible, then go through a notice period and see what is the reply. No one can make decision for you in what if scenarios. You may mitigate few problems and fight each case on its own merits.

498A in South India has very little impact. It is drain of resource for female side. DV won't stand based on few calls and time period. But DV laws are regressive and to prove she will have to run into court. Maintaiance is your best option to sit across and strike a deal. So you may use it your advantage.

 

There should exists real reason for her separation. Leqarn Japanese and go to Japan with her. Once you both are together you can find ways. Adjustment is order of the day. She is your wife for all purposes. Try to understand her and move..

 

Or  as ever be a sissy and keep throwing stone from farther and don't get hands dirty. You will loose eventually.

 

sunny (hardware)     05 January 2017

Hi All,

Pleas advice are very valuble for me.

1.I have got married in chennai and I am working in bangalore.The marrage got registere in chennai can I file the complaint in bangalore as I cannot leave my job and go to chennai every time.

2.We have been to gether in bangalore for about 15 days when she was pregnent.My neighbours knows her.

3.I went on chrimas holdidays to see my baby.  She is not allowing and saying take permission from her mother. End of the day I was not able to see my baby.

4. I came to know that she is planing to change her house. I dont know the new address.

4.If I have to send a letter to old address there will be no person to collect the same and further divorce papers too. What should I do.

5.Any other suggesstion are welcome.

With Regards

Sunny

 

sunny (hardware)     05 January 2017

Hi What Not & Others,

Japanes learning :

I have even tried learning japanes and joined classes for her, Learnt test tools so that That dosent require much japanes speaking and other few courses.

Dowry :  I have not taken any even when she gave me cash for show off to all and I have credited back to her account.

Japan  Jobs::  It is not that I have not tried.When I was in japan I was searcing for opportunity they were asking for  japanes language only . I can only be a dumb fellow like cleaning vesselss and othe cores jobs. Leaving an IT job here.

Staying near her parents house:

1. My parents will feel offended and my sister

2.Even I stay near her parents house.When I need to collect my baby I need to see her mother every time.

With Regards

Sunnay

whatnot   05 January 2017

It seems you have already decided to dump her and carry on with your life.

There are many ways to do it. One misstep you will see her wrath.

 

Your excuses are flimsy at best.

But you can fight on deseration provided you prove her intention to end the cohabitation completely.

 

Which I doubt.

 

I know all about Japan

sunny (hardware)     05 January 2017

Hi What Not,

She even told me openely to me that she will take the child with her to japan. You come and see else its ok. Dont you think more then 2 years is not a enough time frame I have given her prior to that when she was in japan and lost my child and name in the society.Please let me know solution for above mentioned questions

With Regards

Sunny

 

 

 

 


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