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Dhaval Valand (Manager)     14 November 2014

Divorce decree

Dear All,

 

Me and my wife separated on 06/06/2014 i mean she went to her house on this date. Then her brother given me threat that if i will not give his sister divorce normally he will sued me on fake 498a case.

Then she came to my town with her family on 08/08/2014 for mutual divorce in front of samaj and we done one agreement and notarized it with all possible conditions included like

1. She leaves her all women rights towards me

2. She will not ask for any money in future in terms of Money or maintenance 

 

Now i want decree and all lawyers says i can't file for decree if she not comes to court even i will not get decree if she not comes.

 

All lawyers suggested me to call her and convince her to come to court to apply for decree because our legal system is not for man our legal system is turns arounds woman only. you will not get any decree if you ex wife not comes.

 

So is it true our legal system is only made for woman? We mans have no right to live life happily?



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 November 2014

Dear, For mutual consent she will have come court twice, but if you will file on any other ground and get the decree ex-parte then also its fine and she will not have to appear before The court technically.... Kapil chandna adv, 9899011450

LEENU (Computer Operator)     15 November 2014

Dear Sir/ Madam, We are married for 22 years with a Son & Daughter 17 years ---recently i came to know that my wife without my knowlege has taken loan on my house by keeping my orginal house papers and all  jewellery has been kept in mutooth finance and borrowed loans till 20 lakhs and this was given to her friend and everthing was not known to me. Now when I have asked her about this now she is making false allegation that I am having affairs with womens and recently she has made a big scene without any proof that me and my cousin sister are having affair which is false. Now in return when I am asking her to inform her friend to return the money she is adamantly telling he cannot given what u want to do you do ----she is threatning me that she will approach police and file torture case and giving me unnessary mental tentions. Every day she wants to pick up fight and making my life misarable. Now she wants my property papers to be kept in bank and clear few loans without demanding money from her friend whom she has given all this money . In return she is planning to sell my house and giving unnessary tention to me and my mother by threatning that she will file Police case on us as if we are torturing her and the childrens. Kindly suggest and do the needful Thanking you

Dhaval Valand (Manager)     15 November 2014

Kapil if I file alone then how much it will take time?

Adv. Chandrasekhar (Advocate)     15 November 2014

@Dhaval, if you file divorce case on the ground of cruelty and if she does not turnup then the case will go ex-parte and there you have to prove your case.  Then you will get divorce.  It takes about one year.

Mutual consent divorce is not possible right now, because, one year separation is required at the time of filing the petition and if she agrees for it, one year after separation, you can file it.

@Leenu,  You should engage a good advocate.  By mere advice your problems cannot be solved.  What she did is just stealing.  So, you have to file a complaint against her.  Later on, you have to file a civil case against your wife and muthoot asking the latter to get the security from your wife and release property papers bearing your name to you as you have not taken any loan nor authorized your wife to take any loan against your property documents.  Here, in this case itself, you can take court injunction against sale of property either by your wife or by muthoot.  Once you start to do all these things, she will retaliate and file Section 498-A case.  You get bail and contest the case on merits.  If you are interested, you can go for divorce also as the deeds what she did amount to cruelty.  If she files such cases, you have to pay her maintenance.  By the way, in which side your children are?  If  they depose in your favour, nothing will happen to you.

Dhaval Valand (Manager)     16 November 2014

Is there any ways to delete spouse name from passport without divorce decree

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