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siddharth shah   24 November 2018

Divorce against wife

Respected Experts,

My wife left my house twice within two months of marriage and then we decided to mutually seek divorce.

Now after more than 6 months she has returned back without informing anyone.

Since last three weeks she is harassing me and my family and now this week she filed a NC in police. We also filed a NC against her.

Everyone in the society knows that she is imposing false allegations against me and my family. She is torturing us and it appears that she is doing all this to bring disrepute to my family and claim alimony.

All I know is the law favours the woman and therefore request to let me know as to what should be the best way to seek divorce without giving any alimony.

Thanks in anticipation.


Learning

 2 Replies

Kumar Doab (FIN)     24 November 2018

Any spouse (Wife/Husband) that has irrefutable evidences/unshakable witnesses and can get clean chit in inquiry and establish case in court, can succeed !

 

There are many judgments based on provisions of law in which one spouse (husband) has succeeded.

There are many judgments based on provisions of law in which one spouse (Wife) has succeeded.

 

The jusgments based on provisions of law, sets precedences for either of the spouse ( Husband/Wife).

If evidences are on your side and you can prove your innocence then you can also succeed.

 

However if possible crease all diferneces and save the marriage.Elders from both sides/Panchayat etc  and counsels can succeed to bring cnage in conduct abd save the marriage.

Keep irrefutable evidence of all transactions.

If all efforts fail then try for MCD.

 

Or the last recourse is contested divorce and decree from court, as per provisions of personal law and other applicable laws.

 

Is there any provision in personal law ( that has attained sanction of law and relevant notifications are avialble e.g; in case of tribals) applicable in your case vide which you can separate per provisions?

If, yes check with yor LOCAL counsel.

 

One should not run to courts empty handed.

A counsel should not rush his/her clients to courts, empty handed.

Moreover courts are burdened with cases and relief may not overnight and may take long time!

Kumar Doab (FIN)     24 November 2018

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

Your own LOCALcounsel is to advise you on possibility of mainatainance and alimony in your case per facts/record/evidences that are available.


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