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Sagarika (Manager)     03 February 2011

Divorce

 

I have been married since two years since day 1 of marriage  we have been fighting.I have left home many times & everytime he has made me emotional that he loves me & don't want to leave me. But again  he again starts all over & then he says y did u came back i wanted to leave you but u always come back if you have problem y don't u leave me. This time same thing repeated. he sent me sms twice that either u settle again the things with me or i will send you notice.He will be sending me the notice what do i have to do after that.help me out



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 13 Replies

KIRAN_DASS (Retired)     03 February 2011

Without waiting for a second please write a detailed complaint against the person with full dates and data and go to the Crime Against Women Cell and lodge the complaint. He will come and take him to task face to face. No compromise. This will help you to achieve your peace and happiness.


(Guest)

don't go for any legal steps.Have a meeting with a common and good friend or go for counselling.Find out reasons of quarrel and try to remove them.

if it is not possible then go for mutual consent divorce before birth of any child.

piyushmeharia (ADVOCATE)     03 February 2011

DON'T BRING LEGAL COMPLEXITIES AT SUCH A PREMATURE STAGE..HAVE A TALK TO HIM..TRY TO SETTLE THE ISSUE AMICABLY.....U HAVE HUNDREDS OF REMEDIES IF THINGS TURNS UGLY.. BUT DON'T GO FOR IT AT THIS STAGE

Jamai Of Law (propra)     03 February 2011

This is a case of desertion as well as contructive desertion by husband on wife.

 

Wife hasn't left him without a cause.

 

Does wife has any proofs that 'husband says why did u come back? I wanted u out from my house' etc...And also he wants wife to come forward for divorce.......

 

Wife shud Contact a good and honest lawyer if wife wants to concede for divorce but with a enough compensation from husband. Husband may have already made preparations to walk out with minimum of cost/damages in return for break-up.

Ambika (NA)     03 February 2011

Ok Jamai Babu, this type of tactic remain oral from husband, so no proof then what? In a marital life not everything can be proved, can it be? Some are more emotional and expressive, some are silently violent. then? 

1 Like

Tajobsindia (Senior Partner )     03 February 2011

Originally posted by :Jamai Of Law
"
This is a case of desertion as well as contructive desertion by husband on wife. 

Wife hasn't left him without a cause. 

Does wife has any proofs that 'husband says why did u come back? I wanted u out from my house' etc...And also he wants wife to come forward for divorce....... 

Wife shud Contact a good and honest lawyer if wife wants to concede for divorce but with a enough compensation from husband. Husband may have already made preparations to walk out with minimum of cost/damages in return for break-up.
"

@ The (great) Jamai of Law

I have been reading your ‘evolving” postings down memory lane for sometime.


Today, I could not resist asking you blunt legal questions;


Que. 1: How did you ponder on earth 'constructive desertion of husband upon wife" from  presented briefs scenario?


Que. 2:
Can you claim to base your reasoning on the most talked three SC authority that suggested briefs speaks above que. of?


Please do not trigger legal guns without backing of Law especially on a complex pre-ponderence of pre-assumptive 'subject' under Civil Law called - "constructive desertion' ........


BTW, in normal matrimonial discord situation it becomes so difficult to prove "desertion' that now you jumped guns on much wilder topic called 'constructive desertion' and suppose this lady lands in Court (offourse Prabhakar also hinted so) then can she prove 'constructive desertion' leave aside 'desertion' !


Care to give reasonings on asked questions????????

1 Like

soumya (any thing)     03 February 2011

Hi all. Law is there to defend in case of social unjust. The important law is law of humanity. The basic philosophpy of interpretation of statute is to understand the intention of legislature.

the legislature does not aim at interfering all marital disputes. and all marital disputes are not subject to prove.

This is also not that what we see or prove is right. What is right is how we solve an issue.

A question has been asked by one of our friends that in the situation where the husband is telling like what she said, what can she do (legally??).  Sagarika may not be the victime only just putting a querry and all we are pondering.

I understand from her question and the way they use to converse each other that, the husband loves wife and in return the wife too loves him. but there is a confusion that is existion in between what we do not know.

No one can tel who is mistaken. every one can only suggest. My suggestion is to keep quite for few more months and try not to make further gap.

Prabhakar has a good suggestion

1 Like

Govind Sharma (Manager- HR & Admin)     04 February 2011

Good suggestion

A.VIVEK ADVOCATE (ADVOCATE)     04 February 2011

Hai good evening.silence is the best argument please keep silent if  you want discus anythig regarding your family life please go and tell your parants and discus the issue and settled it .if you want to lead your family life with your husband please keep silent .if you take any legal steps against your husband defenatly that will affect your faily life. if your husband take any legal action against you than you can give a counter.nothing will happen against you.please dont worry not only the indian law  we are all for you.

KIRAN_DASS (Retired)     04 February 2011

since day one these persons (practically not a couple if seen deeply)are fighting. The husband cruely willing to send legal notice. Does such situation require conciliation or re-conciliation, mediation or any other mode settlement. It it 100% double. Let them consult good astrologer too.

A.VIVEK ADVOCATE (ADVOCATE)     04 February 2011

if you are not satisfied with  the above message or if you want dicussed anything  personaly please go and have a prsonal consultation with a advocate near by your residence .

A.VIVEK ADVOCATE (ADVOCATE)     04 February 2011

I AM NOT AGREE WITH  FOR THE REASON    ( ASTROLOGER )    OUR MEMBER BY NAME JAMANDASSRAJORA.


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