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Mani Law (Legal)     15 January 2013

Divorce help required

My wife had been staying away from me for last 9 months and she is conveying to me that she need divorce.
I tried many times to bring her back but all my efforts went into vain.
Please suggest
Prevention measures i can take against any false cases if she files
Shall i proceed with divorce by filing myself and an i use email etc as  proof in my divorce case
 



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 10 Replies

rajiv_lodha (zz)     15 January 2013

Go for Mutual Consent Divorce.....a procedure that takes minimum 6 months, obtain a decree & use wherever u want it

Mani Law (Legal)     15 January 2013

Even i wanna go for a MCD and asked her and her family about it but they are showing a rigid attitude.
And even they don't want to get into any talk with us.
That is why i am asking can i collect any evidences which can help me in getting a divorce from her and let me prevent myself if she files any false case against me.

Satish .J.Agarwal (Advocate &Legal Advisor)     15 January 2013

Your question is incompelete.You should first decide whether you wish to divorce your wife or compromise with her.She can not levy false allegations against you,the allegations have to be established in the court of law.If you wish to divorce her then first issue her a legal notice inviting her to co-habitate with you ,if she does not turn up then you have evidence  to  file divorce petition.However if you wish to talk to me you may call me on mobile :9769383431 after 4.00 p.m. only.

Mani Law (Legal)     15 January 2013

I don't want to co-habitate with her but one lawyer suggested me that i can file RCR or send a legal notice by registered post. And if she refuses to RCR or that notice in than i can file a divorce. But in return she can file cases like 498, DV against me.

So to avoid this can i send her these notice in mail etc which can be used as an evidence. Even i have mails from her where she is asking for a divorce can that be used as an evidence. 

Any complaint or any preventive measure i can take if she files a cases like 498 etc.

Chetan Joshi (Advisory/Advocacy)     16 January 2013

You can never predict...It's good to be on guard if you think you should....Act smartly and covince her for a mutual consent divorce....

 

You may infrom the police about she leaving you ( NCR)......

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Rahul Kapoor (Legal Enthusiast)     16 January 2013

hello,

if both of you are ready for then go for MCD as advised by others.

when did your marriage took place ?

u can also file an NCR in PS stating that she left you.

 

regards-

rahul.gogreen@gmail.com

rajiv_lodha (zz)     16 January 2013

Nothing can prevent 498a DV etc if wife chooses to file!

So set straight ur goals & act accordingly. If U r planning to file divorce, remember one thing.....CONTESTED DIVORCE THAT TOO, TIMELY, IS VERY VERY RARE IN INDIA, SPECIALLY IF HUSBAND FILES THIS CASE

Satish .J.Agarwal (Advocate &Legal Advisor)     16 January 2013

No preventice measure can be taken.If youe wife wishes to file complaint u/s 498-A of IPC,no body can stop her.But Supreme court has issued guidlines that the accused is not to be arrested immediately unless there is prima facie evidence against.

However ,you can make an application for anticipatory bail before the sessions court to escape arrest consequent upon complaint u/s 498-A of IPC.

1 Like

Mani Law (Legal)     17 January 2013

She hasn't returned home for last 9 months even she has to me in audio recordings, enails, messages which i have with me that she need divorce.
Can i use this as a proof to get a divorce from her.

Or shall i wait for 2 years to get a divorce from her under dessertion.


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