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Sandeep. (Govt employee )     10 July 2017

Divorce

I married since 2010 and blessed with a daughter and a son. I am serving in defense sector. Problem is my wife with her parent's always try to threaten me nd my parents that they will file a case for domestic violence and dowry. This is going from so long and now i am frustrated. My father evicted me from the property. She always fight with me on small issues. We are not staying together from almost 6 months. Now i have decided to take divorce. My questions are : Are my parents safe? What case can they file if I file a divorce? Should I apply a divorce or wait to be filed by them? I want custody of both my childrens. Kindly help me.....


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 13 Replies

Raveena Kataria (Advocate )     10 July 2017

In my assumption, you can immediately file for divorce on grounds of cruelty, stating in your petition that you receive constant threats, and the subject-matter of such threats, and moreover that you two haven't cohabited for 6 months (assuming she herself refuses to stay with you.) Even if she files a false dowry case, your statements (made beforehand in a civil suit already initiated by you,) would discredit her case, moreover she'd require proof to back her case against you. Note, you'd also have remedy at later stages for malicious prosecution if you are acquitted of all charges.

The decision as to the custody of your children would be up to the discretion of the court. It's been well established that the concern of paramount significance is that of the well-being of the child and not the interests of the parents.

I'd, however, advise you to get in touch with a local advocate so he or she can assist you in building your case and getting you through the proceedings smoothly.

Sandeep. (Govt employee )     10 July 2017

Thnks a lot mam but still have have some doubts. Will get in touch soon

Sandeep. (Govt employee )     10 July 2017

Can I file a case asking her to come home. But I am sure she will not come. Will it be sufficient to save me nd my family. Actually I want her to come back and need some time to take decision. I know after divorce my children's life will get spoiled and I don't want that. Please give me suggestions.

Raveena Kataria (Advocate )     10 July 2017

That's a very noble sentiment you have. Indeed, you can file a suit for restitution of conjugal rights. (Cohabition with your wife is your marital right.) The court shall hold a hearing, and grant you the decree, provided there aren't any grounds upon which the decree could be denied. (For instance, in case you have treated her with cruelty.)

Once the court does grant you the decree for restitution, your wife will have to comply with it, i.e. live with you. (Note, non-compliance of the decree by wife for more than a year shall provide you with another ground for divorce.) Again, I'd advise that you seek the assistance of any advocate so things can be smoother.

Kumar Doab (FIN)     10 July 2017

Generate irrefutable evidence of threats.

Involve elders of the family and try to have amicable settlement of issues between you, if possible.

Hope you are aware that  wife can claim maintainance by approaching Army authorities.

1 Like

Sandeep. (Govt employee )     10 July 2017

Ya I am aware and I have no problem to provide the maintainance. I have tried to resolve the problem by involving elders many times but it didn't work. She with her parent's abuse all the times. Finally I have decided not to face them ever. But still if she all alone wanna come I am ready to accept her but further I don't want any involvement of her parents in my whole life. That's my condition.

Kumar Doab (FIN)     10 July 2017

Both of you may meet and try to crease the differnces.

Sandeep. (Govt employee )     10 July 2017

What will happen if she started getting the maintainance as half of my salary and I quit the job? Further what she can do?

Kumar Doab (FIN)     10 July 2017

You are to maintain wife and children.

Try to take help of some local counsel.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 July 2017

In families where there is a high level of conflict and animosity between parents, children are at a greater risk of developing emotional, social and behavioural problems, as well as difficulties with concentration and educational achievement.

Frequent and intense conflict or fighting between parents also has a negative impact on children’s sense of safety and security which affects their relationships with their parents and with others. Parental conflict that focuses on children is also linked to adjustment problems, particularly when children blame themselves for their parents’ problems.

‘Good quality parenting’, that is parenting that provides structure, warmth, emotional support and positive reinforcement, has been found to reduce the impact of conflict. So parents must be patience for the sake of their children future.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 July 2017

In families where there is a high level of conflict and animosity between parents, children are at a greater risk of developing emotional, social and behavioural problems, as well as difficulties with concentration and educational achievement.

Frequent and intense conflict or fighting between parents also has a negative impact on children’s sense of safety and security which affects their relationships with their parents and with others. Parental conflict that focuses on children is also linked to adjustment problems, particularly when children blame themselves for their parents’ problems.

‘Good quality parenting’, that is parenting that provides structure, warmth, emotional support and positive reinforcement, has been found to reduce the impact of conflict. So parents must be patience for the sake of their children future.


(Guest)
Originally posted by : Sandeep.
I married since 2010 and blessed with a daughter and a son. I am serving in defense sector. Problem is my wife with her parent's always try to threaten me nd my parents that they will file a case for domestic violence and dowry. This is going from so long and now i am frustrated. My father evicted me from the property. She always fight with me on small issues. We are not staying together from almost 6 months. Now i have decided to take divorce. My questions are :
Are my parents safe?
What case can they file if I file a divorce?
Should I apply a divorce or wait to be filed by them?
I want custody of both my childrens.
Kindly help me.....

neki or pooch pooch

Sandeep. (Govt employee )     14 July 2017

If i escape somewhere without filing the case can they demand maintainance from my father. My father is also a govt employee and no land is there on name of my father. Plzz reply as soon as possible and please stick to the point. Plzz I have a very less time to decide.

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