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For good life i want divorce.

Page no : 2

Adv Archana Deshmukh (Practicing Advocate)     28 May 2013

Even if you file for divorce on the ground pf desertion after 2 years, you will have to prove it in the court. You will not get divorce on any ground straight way except MCD. The grounds you take before the court are to be ‘proved’. The instance of cheating you mentioned is not available to you as a ground as your marriage is now old one. Consult some local lawyer and brief him/her with all the facts in detail and see if the grounds of mental cruelty are made out. Betterway if your wife is not interested in coming to reside you then, convince her for MCD. Even if you file on other ground now, the petition can be converted into MCD if later on she agrees for it.


(Guest)
Originally posted by : Mukesh

Respected Advocate, (Madam/Sir)

 

One more thing I forget to mention that before my marriage my wife operation of A Meckel's diverticulum and major stiching above v**gina to navel, umbilicus but hide from me. Still he have stichies and I have complete details regarding hospital name, dr name etc. Even after marriage I and my wife both that dr. for further treatment.

They are cheat me...

Help me... Guide me...

 

Have a look at this

 

https://www.ncbi.nlm.nih.gov/pubmed/15290167

 

Instead of all this circus, ask for MCD.

Harsh (Manager)     30 May 2013

@author

you already have a child with your wife. so this operation thing and they not disclosing it to you will not help in court. Even if it interferes in your married life, out of medical and compassionate reasons, she will get the sympathy so dont think that you can use it against her.

there may be things about you she doesnt like and feels cheated, who knows, right?

so Just focus on the MCD or desertion/negligence grounds. in a way its good that she is not returning nor responding properly to your attempts.

Mukesh (Data Entry Operator)     30 May 2013

Res. Sir

I send mediator before 1 month at that time she blame to my mediator that we are not going to take her back. After asking about you came or not she reply with some false blame and say that I decide and tell after 15 days still no reply.

How I understand her for MCD? and if she reject for MCD what can I do. I file the pition or wait for 2 years? I also complain in Police Station whenever she is left my house.

 

Guide me

Mukesh (Data Entry Operator)     30 May 2013

Respected Madam,

I send mediator before 1 month at that time she blame to my mediator that we are not going to take her back. After asking about you came or not she reply with some false blame and say that I decide and tell after 15 days still no reply.

How I understand her for MCD? and if she reject for MCD what can I do. I file the pition or wait for 2 years? I also complain in Police Station whenever she is left my house.

 

Guide me please.

Mukesh (Data Entry Operator)     30 May 2013

Res. Sir

I not want to do circus she by god hide me before this problem I agree thais is not effect me I just show you how this family is.

I send mediator before 1 month at that time she blame to my mediator that we are not going to take her back. After asking about you came or not she reply with some false blame and say that I decide and tell after 15 days still no reply.

How I understand her for MCD? and if she reject for MCD what can I do. I file the pition or wait for 2 years? I also complain in Police Station whenever she is left my house.

 

Guide me

david (lawyer)     31 May 2013

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Mukesh (Data Entry Operator)     31 May 2013

Respected Madam,


Today my father-in-law call me and say that give me money which is deposited in bank. The money matter is that my father-in-law give me Rs. 5000 diposited slip @ marriage and after coming my daughter again give me Rs. 5000 diposited slip. In that Rs. 100000 and I add Rs. 5000 and make that in bank which one he want back.

I say I give you but tell me what to do? He says first we solve money matter after we do something. Also accept that without love no matter live eachother.

Now I what to do? How I convince for divorce?

If MCD Possible than what about my 3years daughter? I want my daughter.

When I get divorce if they ready for MCD?

Please give me reply as possible as.

 

Thank you very much for advice and bliss.

Adv Archana Deshmukh (Practicing Advocate)     31 May 2013

Tell your FIL to resolve everything in one sitting. Tell him that he is right and you are now ready to accept the fact that without love there is no point in living with each other, and therefore you want him to resolve money as well as marriage issue in one single sitting without any more delay. Bring some elders from your side and ask him to come with some relatives from their side, sit and talk and arrive at some agreeable solution.  If your wife has never come to see your daughter in this period of seperation then,  possibly she may not be interested in taking the responsibility of the daughter.  If your wife's side is ready for MCD then, incorporate all the conditions in the MOU regarding alimony, child custody and file it in the family court /  dist court having jurisdiction. The court will grant you 6 months time for reconciliation attempts and after 6m if both of you still wants divorce then, the court shall pass the decree after the second motion.

1 Like

Mukesh (Data Entry Operator)     01 June 2013

Thank you Madam for kind reply.


Madam I would like to know that alimony is compulsory for divorce? I am not capable to give money and why I give her without any relation? (after divorce!) And 2nd thing is that My daugher is 3years old may court give me cusotdy of her? Is their any rules that till 5 years custody of child is under mother's care?

 

Please guide me thanks for your valuable time and guidence.

Adv Archana Deshmukh (Practicing Advocate)     01 June 2013

Alimony and Custody are the issues that are to be decided by the parties by mutual understanding in cases of MCD.   If you are going for MCD then, whether you should give alimony or whether your wife is ready to give divorce without alimony is all a matter of negotiations between the parties. If the custody of a child is contested then, ordinarily the courts awards the custody of a child below the age 5 to the mother,  but if the welfare of the child demands so, then it can be given to the father also. If the mother is not willing to contest or ready to give up the custody to the father during MCD,  then there is no issue. Even if a mother decides to give permanant custody of a new born baby to the father, the court won't object, as there is no mandatory rule that the kid should be taken care of by the mother only. During the talks tell the other party that you will keep the custody of the daughter with you only.

1 Like

Mukesh (Data Entry Operator)     01 June 2013

Thank you Mdam I am very tahnkfull for you for valuable guidince and most important time.

Now my next step is I make arrangment for 1st and last setting and make MOU for MCD. I inform you later what is happen.

 

Thank you very very much.


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