LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Divroce-action flow chart

Please provide me with ACTION FLOW CHART to go ahead with divorce. 


My present situation is:

1) Got married in the year: 2007

2) Currently, my wife is pregnant.

3) I am a private employee with only 10,000/per month salary.

4) My first kid, daughter, is of 5 years old.

5) I am not staying with my parents; they stay 600 km away from my place.

6) I do not hold any type of assets nor I have any ready cash.  Currently, I live on my monthly salary.

7) Instead of standing by my side in my financial crisis, my wife harasses me a lot, by which I am undergoing a lot of mental tension inside me.

8)  I want to take ample time (1 year) to collect all evidences. (Please mention that what are the type of evidence proofs that I can collect of.


INSTEAD OF SUFFERING WHOLE LIFE, I WANT TO FINISH OFF ALL THE ISSUES WITHIN 2 TO 3 YEARS AND LIVE HAPPILY THEREAFTER, EVEN THOUGH ATTENDING COURT TRIALS.  I CAN EARN MORE FOR MY CHILDREN BEING SEPARATE.  I AM AFRAID WITH THIS MENTAL TENSION, I CANNOT EARN EVEN FOR MY DAILY LIVING.


At any cost, I want to go for divorce, not even for mutual consent divorce.  


Please let me know if any things to know to give me a complete picure.


Based on this situation, please suggest me an action flow chart.

Thanks in advance.

Spartan

 



Learning

 6 Replies


(Guest)

@ Dear Spartan,

 

There is no fixed Action flow chart for you.

 

My suggestions:

 

1. Read divorce laws and judgements related to your case.

 

2. Tally your query with other querit's on this LCI and see the circumstances where are the loop holes.

 

3. Collect amount prior to enter in the world of litigation.

 

4. Your wife is living along with you,how could you convince the judge that you are living under same roof but our Bed's are different?Work on this...!!!

 

5. Maintenance will start from day first if she will file for that under CrPC ,So, better think for your future maintenance issue also.(read with point-3)

 

6. Evidences,proofs & witnesses try to create from today onward's to get through the path way of divorce easily in the said fixed time frame by you.

 

7. Better try to talk with your wife what's the problem? why she can't change? if not happy then convince her for MCD by genuine amount and ready to pay maintenance too for your child.


8. If not heard and she still behaves same then last option file divorce on the basis of 13ia HMA and see how it progress?BCZ she is till living with you.

You have to do more homeworks.

 

 

regards.

shriks........... (healyhcare)     18 September 2013

Sufferer is completely correct... Divorce staying together is a real difficult task in indian courts

Shantanu Wavhal (Worker)     18 September 2013

Case Cycle -Suits  
 
Appearance
Ex. partee order (if respondent absent)
Written Statement/Say
No W.S./No Say Order (if WS/Say not filed by respondent)
Hearing on Exh 5 (T.I.Application)
(T.I.Application)

List of Documents

Issues

List of Witness

Evidence
Argument
Judgment

Ankit (consultant)     19 September 2013

Hi Amit,

could you please explain the fullforms of "Exh 5" and "T.I.Application". Amit we would be grateful if you could explain in brief each of these steps as i believe like me many in this forum have never been to a family court and your step wise descripttion would really help us all.

Thanks in advance

Ankit


(Guest)

Thanks Amit for your reply, but could you please elaborate under each heading as I am ignorant of these steps, please.


(Guest)
Originally posted by : Spartan2014

Thanks Amit for your reply, but could you please elaborate under each heading as I am ignorant of these steps, please.

Steps are very easy to understand.

1.  First you make allegations and ask for divorce.

2.  If she wont ever turn up, then you get exparte divorce.

3.  If she comes, she will deny your allegations made and file RCR so that court can order you to take her back.

4.  She might also file maintenance under 3 to 4 sections of law.

5.  She might also get protection orders under Domestic VIolence case.

6.  Some amount will be fixed as interim maintenance which you will have to pay if you fail to prove to court that your wife is also working woman/capable of earning money.

7.  One fine day evidence will happen, I swear in name of god blah blah... first yours, then hers.

8.  One fine day cross examination will happen, one yours, one hers.

9.  One fine day argument will happen.  if not satisfied, one more date for further argument.

10.  Then final order/judgment.  


So from 1 to 10 minimum 6-7 years would have passed, that too if your vakeel is good.  Your vakeel is tirupati timmappa bhakta means he take fees and put naama to u 3 naama ie panganaama... and you keep changing lawyers etc consider it 2 more years just got added in all of this.


Pay money to her, you safe, or else warrant, non bailable warrant, judicial custody.. all this will be there.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query