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New**comer (New)     21 September 2014

Contested divorce during pregnancy

I wanted to divorce my wife since April 2013. We even filed for mutual divorce. But she didn't turn up at the time of hearing. Even she refused to leave my home and stay separately during divorce proceedings. Thereafter she took advantage of my unconsciousness due to extreme alcohol consumption & got pregnant. She is expecting in March 2015. But I can't tolerate her tantrums and tortures anymore. I want divorce and she will never provide me divorce. What can I do to get rid of as soon as possible. Can I contest a divorce now?If so, then on which ground?Please help.

 

***** Moral Polices STAY AWAY.. I don't need your lecture bcz u r not going through all these. ONLY LEGAL ADVICES are WELCOME.



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 4 Replies

Tajobsindia (Senior Partner )     21 September 2014

@ Author,


1. Reading your short colorless brief one does not get confidence of picking suitable 'ground' to seek divorce under personal Laws of parties.

2. Define 'tantrums' and also define 'tortures' with time/date/year r/w alleged events to judge if they can be called 'ground' for divorce in your desperate situation. 

 

PS: 

This is a open Forum have stomach to read 'moral replies' too otherwise meet Consultation charges and do in-private Chamber consultation with any local Advocate of choice found via reference. Reasoning: Marital rape is soon going to be included in matrimonial laws of the land; your act of heavy intoxication and making her pregnant can be turn around and alleged to be said to be case of marital rape and for simplicity Apex Court has already said it is wife’s wish to bear a child or not and family or for that matter husband cannot force her to become pregnant soon after marriage! So learn evolving social Laws of the land first then warn us who should or who should not reply in an open Forum.  

K.K.Ganguly (Advocate)     21 September 2014

1. Your claim that  during the period of your "unconsciousness due to extreme alcohol consumption"  your wife could get herself pregnant through you will not be accepatble to the Court since it is not possible to make a man having s*x when he is unconscious,

 

2. Find some other reason to defend you.

Anand Bali Adv. (Advocate Solicitor & Consultant)     21 September 2014

I agree First with Tajobsindia for his social approach and secondly with Adv Mr Ganguly for his legal and very up to mark reply. 

It is a open social forum and one should ready for all kind of the moral replies as ethics and moral are two basis pillars of Jurisprudence and all legal options have come out of it only. Law does not support any immorality.

T. Kalaiselvan, Advocate (Advocate)     29 September 2014

The way you post the query actually irritates the people who really want to give their proper opinion, since you donot deserve any opinion, I refrain from tendering any.

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