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Jitendar Kumar gupta (CEO)     13 March 2011

Divorce under Indian law is easy

Hey.  if you have any kind of mtrimmnial problem and the oly way is to get seperate by divorce. You can send /Post your problem to us .For more information pl. call.9868529732



 12 Replies

rajkumar (student)     13 March 2011

Is it is possible to get an easy divorce in contested cases .If possible what are the ways available.

Arup (UNEMPLOYED)     13 March 2011

IF YOU ACTIVE IN SC, THEN WHAT ARE THE FEES?

M.A.T.Ganesan (lawyer civil &family laws)     13 March 2011

Dear Balu, You can succeed  in contested cases if you have valid reasons

rajkumar (student)     14 March 2011

My wife deserted me since 2 years and filed 125crpc in sep 2010 and the case is running.I filled the counter ,in my counter i mentioned to take her back if she wish to reside with me .Now if i file divorce petition will it weaken my current case .If there are changes for my wife to file 498a and domestic voilence case against me.In her petition she did'ndt mention anything about physical or mental cruelty agianst her, she mentioned that iam living with another women ,because of this she left her matrimony house and wants maintainence according to 125 crpc ,which i mentioned as a false and baseless allegation ,since iam unemployed and i cannot maintain myself.She is not willing to give divorce and not willing to reside with me . Experts please guide how to tackle this case .

 

Jamai Of Law (propra)     14 March 2011

You have legal obligation to pay maintenance to your wife.

rajkumar (student)     14 March 2011

Yes offcourse .Is it necessauary to give maintaince to a deserted wife .How can a unemployed person who is a regular college MBA student givesmaintenace to his wife and his child ,whereas  she herself have mentioned in the petition that she is earning  around Rs 10000 PM.

Even according to 125crpc ,maintenance is availble only to the wives who cannot maintain herself.

In my case it is clear that my wife wants to harash me and drags me  to court .Even during the first counselling she told that she is not willing to give divorce and not willing to reside with me and her father asked me to give Rs 1000 to my child . Iam really confused how the court is allowing these kind of petitions and wasting the court time .I think even judges won't read the petitions before giving adjournments .I think any one can give any petition on anybody in the court of law without even having primefacia .

karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     14 March 2011

Hi

maintaince  is necessary to give her as long as she is your wife. now when she has charged you with having relation with another woman then she may have appropriate evidence for that?

 

whats your counter evidence?

 

if you are separate from her for 2 years then i personally believe you need to lodge an petition u/s 9 of the conjugal right and when she refuse to respond, then considering the fact you are already separate for 2 years, you may need to provide it so you dont require judicial separation procedure.

 

now court may send your wife couple of notice if she refuse to answer then you may go for ex party divorce whereas you dont need your wife's consent.

 

now 498a is one of the possibility she may like to use but based on the information you have given, during the investigation 498a remain suspecious as she has already given her statement and there is a huge time gap taken.

 

if you are not employed then the responsibility may go onto your parents for the maintence. 

 

hope it helps

karnav shah

 

www.chintaless.com

1 Like

Jitendar Kumar gupta (CEO)     14 March 2011

under section 125 Of CR.P.C. if the wife has sufficiant source of income then she can not claim maintenenc. if the wife is living seperately without any cause and reasonable excuse then also she cannot claim maintenance. you have to file a revision in the higher court and i am hopeful that the  order of maintenance shall be set aside.

For more detail contact 9868529732

Jitendar Kumar gupta (CEO)     14 March 2011

if you have filed a petition of restitution of congugal rights then you can not file a divorce eptition.

aanandi (associate)     17 January 2012

Hello,

I got married to a man, who recently I found out is a “Narcissist”. This is as per my study with his symptoms. I have gone through a lot of Emotional abuse, Mental torture and suffered a lot.

Within 6 months of my marriage I discovered that something is wrong with him and now I am apart to him. As the "Narcissist" holds a nature of “poor me” and all emotional drama and also can convince anybody that he is right, he has convinced people that instead of him I am wrong and incapable of many things.I have been very simple girl, couldnt play smart, so I have no proofs againest him.

Also he hacked all my accounts and logged in to my e-mail id and had all cheap talks to many people along with my male friends, based on which he used to and still blackmails me to prove me characterless, this act is really disgusting and embarrassing.

He sent me a notice for “Restitution of conjugal rights” along saying that I am incapable (me). Which I think a trick to not to give any maintenance to me.

I need your suggestions and help that how can I get a clear divorce and can be saved from him. As this guy has mental issues, which only I know and difficult to prove. What can be my positive points and how can I be saved.

Please help me. Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Annandi,

 

You have posted your query elsewhere too. Pls maintain only one thread.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Need Help... (MIS-Executive)     19 July 2013

Please help me to charges (fees) , period & condition for Mutual Divorce. 

We are not staying together last six month. I have son 2.5 years old.

She dont want to stay with me she want to stay with her parents. for Understanding we stay in live and relation last 2 years together in rented home. but she never adjust any thing. She also working and me also working. 

My mental conditin is terrible now. i dont want to loose my job. amd she never show interest in me and staying with me. 

Kindly guide me how i get divorce.

 

 

 

 

 


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