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raajesh   08 August 2017

Divorce

I married this girl who is a NRI Australian citizen, but she was living in india for the past 7 years,  It was an arrange marriage & soon i learnt that she was a very money minded & materialistic girl she wanted only money , She also would use filthy language & was very arrogant & later found that they are a fraud family her mother is suing her brother for property & her father is suing a Australian company for money,after living with me for just 1month one day she started a silly fight as usual & she took all the Jewels costing 30lacks & caught a cab & went to her mothers place,she has put a 498a,323,324 case on me i got a bail & i filed for a divorce 6 months back.i have attended 4 hearings already & my lawyer has submitted the evidence also & soon i will have the fifth hearing,My question is She or her lawyer has never attended any of the hearings till date,She is in the same city as me but not attending the curt hearing.So what will happen will i still get a divorce & how long will it take & will i get all the jewels back ?? marrying her was a nightmare, someone please advice much appreciated.



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 33 Replies

Kunuthur Srinivasa Reddy   09 August 2017

Indian Courts by and large are women pro and gender biased in favour of women in dealing with marital issues. Men should not file a divorce petition in Indian Courts even on valid and legal grounds. The family issues take very long time for disposal due to skyrocketing of pending cases in Indian Courts. When your spouse does not attend the court itself implies that she is not interested in divorce. Why are you worried about jewels when your marriage itself is in shambles? I suggest you to opt for a compromise if she is prepared to live with you forgetting the past with no future intentions to harass you. Once you have children, her attention gets diverted towards children. Do not worry. Marriage itself is always a compromise in the world. No marriage is free from ripples and storms. 

raajesh   09 August 2017

Thanks for your reply, But u dont understand no man can live with this women she is cunning, & a pure narcissist, Its impossibe to live with her attitude i was fooled by her looks & got married as she was beautiful But her heart is black if she has one..I applied for a divorce because i wanted to get rid of her & her family ....So you are saying i wont get a divorce ?? but my lawyer keeps saying we will get it after convincing the judge .

raajesh   09 August 2017

It is impossible for me to live with her or start a family with her ..She & her family targets rich family boys likeme & con them ..Thats all the do .She is of my same caste well thats what they said ...They are very shady we have a lot of family relatives but we have never met any of their relatives always only the 3 of them parents & daughter ..Are you saying i cannot get the divorce becase i dont want to compramise with her ...Now how do i get a divorce for her ..What should i do ??soon my 5th hearing is ariving & iam sure she wont attend ...I dont know what her intentions are...is she trying to get more money out of me ...??? plzz help 

Kunuthur Srinivasa Reddy   09 August 2017

I suggest you to find out from your spouse whether or nor she accepts for mutually consented divorce. If she obliges, you can get the divorce but not otherwise as she can fight for conjugal rights and seek dismissal of your divorce petition. Your lawyer naturally assures you about the divorce as it is his business to keep on providing hopes of his clients in their favour. You need to wait for long to get the divorce granted in your favour if your spouse does not contest or attend to respond to the notices. One positive point is you can directly represent to the Judge always since it is a family issue. In fact, you can argue the case without lawyer. I suggest you to present yourself as party in person for expeditious disposal of divorce petition. Of course, you need to pay the maintenance to your spouse on monthly basis based on your income. But do not opt for one time payment of maintenance. 

raajesh   09 August 2017

Thanks a lot for your suggestions my lawyer doesnt say much in detail when i ask ..all he says is dont worry u will get the divorce..So this means that men cant get proper justice its totally biased ..Iam not in touch with my wife she hasnot sent a txt mesage nor called me since we split ..i think she is not intrested ..she wont even reply to my txt there is no way of communicating with her to know if she will agree for a mutual consent ...But iam dam sure she wont agree for a mutual consent because she is a blood sucking money gobbling witch ...U will be shocked if i showed you some of her reply txt to me the way she talks to me ...Very filthy & absuive language 

1/Plzz tell me How long exactly will it take to get a divorce for me ...in 2 weeks time my 5th hearing is coming ...

2/What if she never attends the court what will happen then ...my lawyer says it will all be over in 4 months time ...

3/why cant i pay a one time settlement for maintenence & finish with  her ...How much will i have to pay her What if i say iam unemployeed now ...She knows i was the ceo of my fathers company ...she is also well educated mba ..so why should i pay her ..

4/She is indian by race but australian citizen how will this affect me in the case ..

5/ Why cant men get justice ..from such fraud & con girls & families 

Your reply is much appreciated 

 

raajesh   09 August 2017

I have also filed a counter harresement compliaint against her & also a theft complaint fir against her ..FYI

Adv Radhika Mehta (Advocate)     09 August 2017

i would advise you to maintain your calm as litigation takes time.  You should not expect to get Divorce with a snap of fingers. 

If your wife is not appearing despite being served, then you can file an Application for proceeding ex-parte. You should be able to get a Divorce, depending on how strong your case is and how you are able to convince the Court that indeed the behaviour of your wife has caused utmost cruelty to you. 

1 Like

Kunuthur Srinivasa Reddy   11 August 2017

A very matured and honest reply from Ms Radhika. You stated that your spouse left you and not living with you for more than 7 years. Denial of conjugal right is a valid and strong ground for divorce. I am sure, she must have been in living in relationship with somebody as to remain away from s*x this long is impossible for a normal healthy person. If you can prove this through a recognised detective agency, then it becomes easy for you to get the divorce with no maintenance as it becomes a case of adultery.

Kunuthur Srinivasa Reddy   11 August 2017

I once again suggest you to present the issue to the Judge directly in the Court. Do not believe in your present lawyer. He is sure to dump you to ground and keep on extracting cash possibly from both the sides by match fixing as you seem to depend and rely entirely on him.

raajesh   11 August 2017

Mr.Kunuthur u have mistaken i said she was staying in india for the past 7 years before we got married, after marriage she stayed only for a month with me & left with all the jewels worth 30lacks, and after 2 years after marriage since no communication with her i decided to file for divore which is 6 months back now ...But she has never attended even 1 hearing in the court soon i have my 5th court hearing ...my lawyer has filed for ex patry & given evidence to cort ...So what will happen if she never comes to court , will i get a divource , She has already ruined almost 3years of my life so i want to move on ...The kind of girl shei s i surely know that she is with someother guy by now fooling him ..Iam hiring a detective now to find out as u sugested ..

Kunuthur Srinivasa Reddy   11 August 2017

One last personal question though delicate and sensitive issue. How was your s*xual life? Was it satisfying to both? If the adultery could be proved, you will get quickly, the divorce for sure without maintenance.

Kunuthur Srinivasa Reddy   11 August 2017

As a strategy, had you petitioned to the Family Court for conjugal rights which you are denied by your spouse, she would have been thrown to defence and your case for divorce could have become stronger since she has been ignoring to attend the court nor appointed a counsel to argue the case.

raajesh   12 August 2017

Mr. Kunuthur, Yes the s*x was good & satisfying for both , Actually 2 months after our engagement even before marriage we had started  having s*x, i dont know about any conjugal rights & dont know if my lawyer has filed that or not ...only now iam coming to know some of the legal terms & what i could use in court ..now i will ask my lawyer about this ...If she contunues tonot attend the court will i get a divorec & how long will it take 

 

Kunuthur Srinivasa Reddy   13 August 2017

Hats off to your honesty to confess that you had premarital s*xual relationship with your wife. But is very risky to indulge in. Thank God both of you got married. Whereas, it is necessary to petition for restoration of conjugal rights. If she abstains still, you have fair chances for divorce. It is unfortunate you both fell apart. Speak to your opponent lawyer whether mutually consented divorce is posssible.

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