ashish kumar (business ) 01 March 2016

Suggest me how to proceed for divorce after 11 yrs of marria

I got married in yr2004 , we blessed with baby boy in 2006. I left my job in 2014 because of ill health of father n started business (fathers ). From there my marrige life got disturbed.. My wife is also earning appox 45,000 per month now she has gone to her native place first for 3 months .. N then came back in early 2015... As I make her came back via completing her demand of seprate kitchen from my parents. After 4 months again Now she had left my house n living with my mother in law ( widow n pension double). She is not ready to come back even not allowing my son to meet my parents & even me.. It had been 9 n 1/2 months ..now Since my financial condition is not strong enough both parents r low by health.. I was earning around 40 k per month in job but now earning are not good these days .it return of 2.40 appox ... I have no property on my name ...I live with my parents in there own house on different floor. My mother in law has her own house where my wife is staying with my kid. Plz suggest me wt to do.. Should i apply for divorce ? Wt would be the fate of alimony n divorce ? My relatives had tried to talk to them ... But every time they disrespect my parents n me .. When ever we goes there for talks .. She has good contacts n always treats me for conclusion... But doing nothing too.. She always suggest or talks with me for divorce with mutual consent .. But provoke me to initiate... Shoud I initiate or do wt ?

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4 Replies

saravanan s (legal advisor) 01 March 2016

Mutual consent divorce can be filed through a joint petition presented together by the husband and wife.so there is no question of initiating divorce in a MCD.before you file the application work out a mou between you and her regarding alimony, child custody, sreedhan recovery etc

saravanan s (legal advisor) 01 March 2016

And MCD doesn't drag for years like contested divorce.so do as suggested for divorce her and lead a happy life

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 March 2016

I suggest the querist to ignore all the anti social and inappropriate advise being given by certain members on this post . Having a girl friend while you already have a wife is not only frowned upon by the law but is also an unholy act . If your wife bothers you that much then it's best to try and settle things mutually and part ways instead of fighting in court . Do this . Send her a legal notice through a counsel and offer to settle things mutually without any legal hassles . The notice should be drafted in a proper way but . Such notices have worked magic in many of my cases . Disputes end up being settled prior to reaching court . But the wordings of the said noticd ought to be well thought out so as to ensure that the said notice doesn't intimidate her and induce her to file some pre emptive litigation

ANAMIKA VICHARE (LAWYER) 06 March 2016

You better file Petition u/s.13[1][ia] cruelty. This willoopen 3 options, conversion into mutual consemnt., e-parte if she does not appear or contested.....