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oxy (mba)     17 March 2015

Divorce expert help

hi,

 

i have this funny sutiation in my life ..looking for a expert help

1) my wife and i got married because of so many reasons we got separated and she is staying at her mother place since a yr...i filed for divorce ..in reply to that she filed police counselling and no cop arrested me because i told them her blunt behaviour and told what all she used to do with me and my parents...now she went and filed a mantainance case against me .she never let me see my 2 yrs old son and talk to him ... my lawyer sent them by saying we will pay some amount.

2) now she filed another case by saying my husband does nt sleep with me ....?? does this even make any sense.?? in the court of law ??

 

and now she threatens me by saying she never give me divorce and she fight forever

 

 

 

 



Learning

 15 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 March 2015

Sir, On what grounds you have filed the divorce case ? Under which section she has filed the case that you don't sleep with her ? Important to be known before any reply is given .... Regards Kapil Chandna Adv 9899011450

oxy (mba)     17 March 2015

i filed on the based of cruelity and bad behaviour and leaving me for months at staying at her parents place.

 

2) she filed i dont know which section.. she filed by saying she wanna come abck now..and my husband is not sleeping with me.

 

neetu vyas (MEMBER)     18 March 2015

Hello gentleman,

                    your wife filed the application under sec 9 of hindu marriage act 1956 perhaps. A nd in that case you will have to be courageous enough to prove cruelty done by her. she does not wish to give you divorce, that means she thinks to reunion her family or she wishes to ask you a huge amount as ailmony. you find out and decide what you can do.if u dont wish to continue litigation then settle out the matter outside of the court.

neetu vyas (MEMBER)     18 March 2015

Hello gentleman,

                    your wife filed the application under sec 9 of hindu marriage act 1956 perhaps. A nd in that case you will have to be courageous enough to prove cruelty done by her. she does not wish to give you divorce, that means she thinks to reunion her family or she wishes to ask you a huge amount as ailmony. you find out and decide what you can do.if u dont wish to continue litigation then settle out the matter outside of the court. for any assistance call me Advocate neetu vyas 9820912589/9828123472

oxy (mba)     18 March 2015

yes she is looking for money..she filed mainatance and we agreed.. she says she wont give divorce i will fight for yrs.. hw can she force a person..and after she knows what she done was wrong

 

oxy (mba)     18 March 2015

its been a yr she left me.. she threatned me by saying she will file a complain via cops..she filed against me at womens cell and local police station..every one called me. and have not took the complain as it does nt make any sense.. and agreed its a problem from her side..

 

according to law.. if a husband and wife stays seperate for more then a yr..that means he can get divorce

 

 

oxy (mba)     18 March 2015

i have not taken any dowry because they were poor..and i feel its a mistake and game plan by them

 

Born Fighter (xxx)     18 March 2015

  1. Dont take her back ever, she's a manipulator and a blackmailer
  2. Now that ur giving her maintenance then why is she cribbing ? is the amount less ? r there any kids out of the wedlock ? is she working or capable of earning?
  3. What is the Alimony amount shes demanding ? 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 March 2015

Sir, It seems a good case of cruelty .....fight on merits ... Regards Kapil Chandna Adv 9899011450

oxy (mba)     19 March 2015

she is working since  a year now after she left my place.

 

she is not asking any alimony right now..all she says ..and threatens..i wont give u divorce if it is 10 yrs also..ill make u run around with me ..

 

hahah

T. Kalaiselvan, Advocate (Advocate)     19 March 2015

In the given situation, you should be firm in proceeding with your case firmly as decided and determined. Let she file any number of cases against you, do not budge to the pressure, be firm on your stand. 

oxy (mba)     19 March 2015

does it take longer years.?? if a person is not ready to give divorce??

oxy (mba)     30 March 2015

my wife filed against me ...restitution of conjugal rights petition (Hindu Marriage Act Section 9)

Adv k . mahesh (advocate)     31 March 2015

with whom the kid is and are you paying any maintenance to your kid and your wife 

rcr means she wants to stay with you and she is not interested in divorce and court will consider such cases and here also kid is involved and about in case of contested divorce cases no one can expect how much time is involved and how many years because some or the other pretest the other party want to harass, settle the issue, or with alimony want to settle the issue which will come in the way 


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