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Divorce Proceedings

Page no : 2

Lakshminarasimhan (Manager)     11 November 2009

Hi Meenakshi,

LAksh............Instead of complicating issues I think you need to solve problems that come your way and that can be solved...

I am not for complicating issues for I want to get out of this at earliest as I am really irritated by this....I am very tensed abt this day in and day out for my married life has been a disaster.

Just face it like groverji said with XYZ copies that u need to furnish

I am meeting the Social Welfare Officer on Friday and will produce copies in front of her.

.It might happen that they are unaware or they dun believe your initiation of  legal actions by you.

They are very much aware of the legal actions and perhaps they believe that I will bow down to their demands. They are waiting for me to file divorce so that they can extort money from me.

Also go ahead with Filing a divorce petition on grounds of desertion and Restitution of conjugal Rights...

Confused here..... Are you asking me to file divorce or RCR ? When I am not interested in living with her why RCR??? Can I  file for divorce now? ?? Please guide me the steps on that so that I can discuss the same with my lawyer...

Meenakshi (Lawyer)     11 November 2009

Am sorry dint mean it that way..................HAd she not gone to the Social Welfare Officer...It wud be clear that she still has a soft corner for u....This also remins me the statements by here are contradicting....Well it seems like you are tryin hard to get her back which is not helping because she is willing to get a dv...Why do u want to be with a person who doesn want u in the first place and caused u so much inconvenience....M feelin really bad to say this but u have u face the truth....Divorce easy to spell hard to live.....

1 Like

Lakshminarasimhan (Manager)     12 November 2009

Hi Meenakshi,

Thank you for understanding my position and as well for taking time to give your response. I did try to patch up and reconcile during the initial months of separation but however as time has passed by I really did not bother much about it as I knew that I was banging myself against a wall.

We thought that she will atleast join me for the baby's first birthday which she never bothered about. I am left no further option but to apply for divorce. I know that I cannot live with a woman who has no concern for her husband or her baby;s future and its no use at all when that magicbond is I have decided to apply for separation.

My wife will not give me mutual divorce and I am sure of that because she has stated that she wishes to live with me and requested their support for reconciliation.

My questions are -

Can i ask the Welfare officer for a mutual separation ?

Can I say straight forward that I have no more feelings for this woman and do not wish to continue this relationship and I am gonna apply for divorce ? Will this affect my proceedings anyways?

What are the effects if my wife applies for an RCR ? Can I still goahead with divorce ?

Please answers my questions and also let me know what should I be saying tothe welfare officer?


Lakshminarasimhan (Manager)     16 November 2009


I went and met the protection officer on last friday. She enquired on what had happened and advised me to forget the past and reconcile for the best of the baby. She aslo apoke to my wife and advised her the same. My wife once again started to allege that she was harrassed and that we had treated her as slave. She threw a list of new things against my father. She told the lady officer that she wanted me to come to her house and then take her along. I very clearly  stated that her parents have to talk to my parents and then they can decided on what date she needs to come.

The lady officer asked me to give in written that my wife will be taken care of, which I refused saying that I have alreadygiven in Police and if required they can take a copy from there.

My wife later left saying that she will discuss this with her parents and then let us know a date later. Therefore there has been solution arrived even after this meeting and I am getting ready for the DIVORCE War....

Lakshminarasimhan (Manager)     28 November 2009


I did as you guys advised.  I have even sent a letter to the PO giving her the points that we had discussed and asking her to close the case.

Soon after this on 25th Nov, my wife sends me a RLAD letter, wherein she has made a general enquiry about me and my parents. She has mentioned that since our baby is suffering from high fever and that she will return home after seeking doctors advice and consultation..

My question is

Why would she send me a letter at this time as our earlier communications have been thrugh lawyer. She has not yet replied to our last notice so far...

My lawyer says that we can file a divorce petition on grounds of cruelty now and can later add desertion .

She also states that my wife can get a transfer order to her native town.? Is there no way that we can stop this as I cant do much traveling due to my work pressure.

Lakshminarasimhan (Manager)     04 February 2011

I filed a divorce petition on grounds of cruelty in the High Court of Madras in December 2009. Notwithstanding, my wife filed a RCR at her native town of Arani, Tiruvannamalai District in Mar 2010. She also filed a Transfer Petition with a prayer that she is not financially strong and since she has 17 months ailing baby she cannot travel to the High Court for the hearing and hence requested the High Court to transfer the same to her native.

I filed a counter in same month insisting that due my professional work pressures it would be not easy for me to travel and I also produced health reasons along with letters of warning from my management of my frequent leaves from work.

This made the High court to give a judgement that the case has  to completed within a period of 8 weeks and that my presence shall be required only once during this period for cross examination.

The case finally came up for hearing in her town subordinate court in Nov 22 2010 and it dragged for another 2 months till 21 Jan when the final arguments took place. The judgement was deferred till 3 Feb.

I was surprised today as I heard from my lawyer that in her judgement the lay judge as dimissed both the cases . Can this ever happen? I have heard that either of the petitions are taken but this is first time that i heard of such judgements.

So I therefore seek responses from learned members as to what would be the next step? Can this be appealed at the high court of madras or would I have to file in the district court of her native.

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