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Family (Executive)     12 November 2014

Divorce - cant decide mutual or litigation

Hi !

This is my 2nd marriage and my first marriage ended in a divorce due to phyical and mental torture after 3 years of marriage. Then i got remarried in 2011 after seeing this guy for nearly a year( this was his 3rd wedding ) ! Two months before the marriage he started behaving very wierdly and wanted to call of the engagement. I kept persuading him as i had got too emotional about him and finally we settled down after i decided to sign a prenuptial agreement with him which i did not disclose to my parents.

 
He has 2 kids a daughter aged 15 who stays with his Ex wife in USA and son who stays with me. Immediately after marriage i was not given the treatment as expected by me , for instance being served cold food when i had lunch for the first time in their house. Everybody seemed to mistrust me and asked him to keep all imp documents in the office and to lock his phone and computer etc etc etc.
 
After 15 days his daughter comes and starts staying with us. He first says she is here for a vacation and then starts coaxing me to keep her with me & i completely refuse as i was taking time to adjust with the son and i spoke to his mother about this and she asked me not to worry saying she will not come till we dont allow.
 
Bonding with the son was not easy as he was spoilt and had to be taught manners and was not willing to study or finish school assignments, In the process i used to get angry and lose patience but kept telling my hubby to take charge but he was too lazy and expected me to coach his son. 
 
Once i was also hit by him but my hubby kept quiet and i had to tell him to stop him. Small incidents kept happening and i was losing patience. Slowly my outbursts became louder and started getting irritated and angry.
 
In the meantime he was in touch with his Ex and she kept coaxing him to take his daughter back and said she will join him later. I happened to read these exchange of mails and was shocked that he was wanting to reunite with his Ex . I confronted him y'day and he initially declined but i said i happnd to read his mails and to which he replied that i will bring back my daughter and i want peace for both the kids and for myself. My son is not bonding with u so thats also an issue. I said we can talk abt the daughter but from where does the EX crop up , he says i am not sure abt her. 
 
This June when i was out of station he left the house & said lets separate then after much coaxing he returns back but his & his kids' attitude was unbearable.
Finally on 5th November wen i was not in town for 2 days he again leaves but this time goes to his ex wife in USA and has no contact with me. I did send an email to which he calls me saying that we should get divorced. I was also prepared this time and he returned to India on 17th Oct and on the sly takes the keys of the house from the servant and takes out his son's books etc and starts staying in a new house.
 
The whole diwali week we bareky had any interactions and i calle dhim to meet teh lawyer and claimed an alimony of 50 lacs .
 
On 27th Oct we met at the office as we both work in the same office and i kept asking him to finish this matter.
 
Till today we havent been able to arrive ant anything concrete. I cant understand what to do. Should i leave the house and go back to my parents house in Kolkata or continue staying here alone .
I dont want to get into any litigation as this will spoil couple of years.
 
Pls advice what should i do. 
 
I am in deep stress


Learning

 15 Replies

Anil Upadhyay (Lawyer)     12 November 2014

Mutual Divorce is the best option to avoid wastage of time and money...

Family (Executive)     12 November 2014

Thank You Anil Ji, What do you think should be a reasonable amount to settle this. I have no intentions of squeezng him even though he is earning very well and i will have to leave my job to relocate to Kolkata

Anil Upadhyay (Lawyer)     13 November 2014

Can't suggest like this dear..

Settlement amount depends on so many facts such as, earning of the husband, his property, financial conditions, liabilities towards depended family members and position for wife...

If these facts are also responsible in deciding maintenance amount also.

 

You should approach good lawyer for this with all the facts.

SuperHero (Manager)     13 November 2014

Sorry to hear the case. Hope all will go well.

As Anil Sir mentioned check all the conditions and get done with a decent amount.

You also signed a prenupital agreement. What about that? 

Family (Executive)     14 November 2014

Hi !

He is earning 30 lacs per year and has 2 kids. I am earning 7 lacs per yearbut i will have to leave this job as he is also my reporting Boss in office.

Based on the above facts pls suggest a good alimony .

The Prenup was that all old assets etc will not eb claimed by me in event of anydivorce arising after my marriage.

Family (Executive)     14 November 2014

3 and half years. I have to quit the job and will be jobless .

SuperHero (Manager)     14 November 2014

Why don't you find another job.....Looks like you want Free money!!! because you want divorce...

Anil Upadhyay (Lawyer)     14 November 2014

My friend Super Hero....I think you are straight forward, but still we are professional and we have to maintain professional ethics. I agree women misuse law, but there are still so many victims.

I am not arguing but take it as request, may be this case be right or may be misuse.

Dear Victim,

If you are right on your facts whichever you told here, we are here for suggestions only if you want to file case than contact good lawyer. Everyone has own way to tackle the case.

 

1 Like

Family (Executive)     17 November 2014

Super Hero !

Quite a derogatory remark ! If i wanted free money i would have squeezed him & made my life miserable. I want a fair approach dats why i am here on this forum so that with advices from all of u i am able to think clearly & maturedly.

I spoke to a lawyer but he is telling me not to accept pea nuts and my mind says why spoil my life for money... but that does not mean he shud not pay me anything.. Whatever is reasonable shud come to me

SuperHero (Manager)     17 November 2014

@Family - I might be straight forward, and it might hurt you. I am really sorry for that. But I am telling what is in my view.

Please consider points that have been mentioned by @noname_123.

Good Luck!!!!!

Family (Executive)     18 November 2014

I i prove that his daughter who's custody was with the x wife before marriage and then the custody papers were redesigned so that the husband could take her custody again wthout my consent and knowledge whaich has caused deep stress and trauma for me and also prove that the kdis have gone on social networking site & written lewd remarls & also prove that the husband was inolved with the ex adn i have all supporting evidences for the above statements.

I dont want to be unreasonable, i have been living all alone since last 45 days & he hasnt even told me where he is staying. Is this kind of act unpardonable ? I have been very patient & not gone and complained to women's cell or police

Regarding my job i can continue working here even after teh divorce is filed , he cannot throw me out , but i dont want to do this as it will be too stressful to see see his face everyday

Pls advise the best course of action

Anil Upadhyay (Lawyer)     19 November 2014

i think you are in mood to contest ...

mail me with all the details of evidence and facts.

 

advocateanilupadhyay@yahoo.com.

Family (Executive)     18 April 2015

Hi !

Now the situation is that i have shifted back to Kolkata at my parents place. I waited for 6 months for my husband to return to me, On the contrary he has made my life more miserable.

1) Slyly he took the laptop from my driver and broke it so that there are no evidences left against him. Thankfully i had taken a back up

2) He stopped the driver from coming to my house even though he knows that i dont drive

3) One morning he stole away his car from below my residence without informing me.

4) At office he has falsely accused me of abusing me and served legal notices and i replied completely denying the same and finally asked me to stop coming to work and and made me work from home.

After all the above it was becoming difficult to stay there hence i returned to my parents's place.

Now i am unsure which path to choose. 

Pls guide

 

 

Family (Executive)     30 April 2015

I have issued a notice to my husband to settle this amicable but seems he is not interested, No pls guide should i start criminal proceedings against him ? 

What will be the best course forward 


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