Divorce procedure - urgent advice is required pls !

1. sending mail before starting the process is compulsory to show that you have given them a fair chance to come to you and stay happily

2. you can opt either steps like mutual or divorce but best option is mutual consent divorce which is fast and more over only two are three appearances is need from you and your wife (both are compulsorily) and while filing in first motion both should present and court will grant 6 months and after that second motion both should present for acceptance of divorce and you both will be granted

3. about compensation means if they ask then only that part will come and if they does not ask and mutually cooperate then you should not ask or talk about compensation and also gather her pay slip of working if possible will give weightage to your case 

4. if both parties agree then only mutual divorce is applicable and for divorce only your consent you can file for it and she has to come forward to defend it 

5. about fees it defers from advocate to advocate 

Last week I had been to India for a short break during when I met a lawyer for advice. He said the following:

1. Lawyer asked me to send him a detailed mail on all the tortures and fights she did. So that he could file a divorce petition in terms of mental cruelty.

Opinion: If that Advocate is well known by you then you can send all details via mail regarding your all case history prior to drafting.

2. He advised to try for mutual consent and he said it would take just 6 months if it is mutual. Opinion: RIGHTLY SAID... this the shortest shortcut to end a marriage legally. 3. He said if it is contested it can take n number of years.

Opinion: Only allah Knows how much time it will take...(it's not under the hand of the petittioner and his advocate, even megisterate also don't know how much time it will take)

4. He said even if one day girl lived with me she can claim compensation. I am more worried on this. My family were the ones who spent for the entire wedding (close to 20 lacks) as I am the only son it was grand wedding. Girls father spent only 2 lacks. Also I spent close to 5-7 lacks in Abroad to set up house for our family. When she tortured me here, I had send her to India so many times, so lacks on flight tickets, visa, etc. List goes on. But if law is still favorable to my wife in this case it is not fair :( I have all bills, contract copies etc. We do not need even a single penny from them or der jewels (15 sovereigns gold she brought). All her things we will give as it is. We only need peace from this problem. What should I do to prove my innocence ? Pls help me Also in this case I want divorce coz she tortured me. Not the other way around. Please advice.

Opinion: Whatever your family had spent,whatever you spent on her doesn't count any obligations to claim that right,if claimed also they will fall apart. Your answer to freedom lies in her cruelities. Whatever cruelities till now she had done collect thier bills, I mean to say you have to collect all proof of her cruelities with evidences. AS per her mail, phone,msgs, family conversations,neighbours witness, Milkman,Newspaper vendor or whatever witnesses you can produce to cross her false statements .(Don't bring neighbours, milkman & newspaper vendors from U.A.E -----It will cost you more...Lol, as Iam talking about your parents home,where the girl resided in India.)

If she agrees for MCD then no need to do above headaches.

5. If we have to try for mutual divorce? Should we wait to file the petition? Please advice.

Opinion: For mutual divorce you have to agree your spouse first then prepare a MOU stating all your concerns in that and refrain her from any claims and submit it before court for first motion. Or is filing petition and spking with her parents is a parallel process? Pls confirm Opinion: In MCD First speaking then filing.

6. Now she is working in a company and earning good salary. So she is not dependent. Even then is she eligible for compensation.

Opinion: No she is not entitled to get maintenance if she is working and having justifiable Income to maintain her.

7. Please advice if a guy can claim compensation from girl's parents? I do not need even a penny , just trying to undstd the law. Pls confirm.

Opinion: Wrong question. Don't ever ask such question in entire period of your life,this is not even your Fundamental right to ask such a cruel question..Lol Kabhi tumne suna hai Mard-Dhan Ke bare me nai naaaaaaa Then you got your answer.

8. What if they file wrong/false allegations against me or my parents. I have all the abusive mails/sms she sent during her time at our place.

Opinion: Then use them,Higlight them,Broadcast in news,Publish In paper, Inform in your Locality. Don't miss the oportunity to make her realize that what she is going to do. When you will do all these stuffs she will automaticaly ya toh Sudhar jayegi nai toh Direct she come for MCD.

9. Lawyer also said I need to be present for all hearings in India. But my work is in UAE :( I myself work in UAE Ministry of Justice only in Quality team. Can there be any exception to skip hearings so that my parents can represent me. Please confirm.

Opinion: No need to be present at all hearings, all you have to be present when judge ask you to be present or at trial & cross examination stage.

10. Please confirm, approximately how much will it cost for lawyer/court proceedings for a divorce case. Already we lost a lot of money for this marriage and post marriage expenses. So I am concerned on this factor too. Pls advice.

Opinion: Ask your lawyer., your next lawyer.... how could we can tell exactly.

Please clarify my doubts. I am going to India again next month , at that time I am planning to file the petition based on your inputs. Thanks a lot in advance.

Opinion:When you return from AbuDhabi bring some next generations spy cams to shoot your post marriage cruelities of your wife and In laws.if whene ever get chances.

Hi Aman,

Sorry to hear your case. That is definitely a tough situation. But I guess you need to create a new post in this forum. You have posted your problem in reply to mine. Which may not be answered by many advocates in this forum. Request you to repost this under this link as I have mentioned:

Go to this link: https://www.lawyersclubindia.com/forum/display.asp?cat_id=8&forum_id=43#.UhxZzX-KKtY

Then click "Post Topic" button and mention your issue. and submit it.

Thanks a lot @Mr.Mahesh and Mr.Sufferer (am feeling bad to call you this way, but I do not know your actual name :) ) Your caption is true "Being male is not a crime"

@ sufferer:
8. What if they file wrong/false allegations against me or my parents. I have all the abusive mails/sms she sent during her time at our place.

Opinion: Then use them,Higlight them,Broadcast in news,Publish In paper, Inform in your Locality. Don't miss the oportunity to make her realize that what she is going to do. When you will do all these stuffs she will automaticaly ya toh Sudhar jayegi nai toh Direct she come for MCD.

  appreciate ur advice. bt fear it might attract defamation case or police complain. m i right ? 
 

what you want to ask dear?

Plz write clear sentences......so that anybody could undesrtand.

Brother, Plz come out with your doubts and always prefer to write a clear sentences which I missed most of the time when you have asked me on 2-3 occassions,

Now you have written  appreciate ur advice. bt fear it might attract defamation case or police complain. m i right ?

But on whom? whether on wife or on husband? or on both?

As far as I understood your desire to know the defamation charges on husband.So the following is my opinion.

Opinion: When a Person is giving threats to file fasle cases and at other end if her husband is having all proofs of that threats then why he will not proceed with such stuffs mentioned in Para .8

Reasoning:

If  threats of false cases are universal with lots of proofs where Wife has foolishly raised her threatning voice under a scanner.

Then a weaker husband also who might having just 25 kgs of weight would also love to fight with his lovely wife who would be only 85 kgs of weight.

So, if open fight been raised by so called wife on the basis of false allegations and she has nothing to proove then it's better for her husband to open this marital movie worldwide via,news channel,newspaper----Let the world to watch the real side of an Indian wife who is continuosly threatning her husband & inlaws to drag them in false cases otherwise follow her lists.

Here no question of defamation and perjury case on husband as he is having all the Zanam Kundli of her wife,as what she had done after post marriage.

From here there is nothing to loose but very much to gain for her husband.....

anonymous query can not be entertain.