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srilakshmi (sr.structural engineer)     01 February 2014

Filing of divorce

Hi,

Need ur advise on my issue. I have been married for 13 years now and have a son of 10 years old. My husband stays abroad and due to some issues i returned  to india about 9 years back. Initially things were fine but later got worse.he use tomvisit us once in two years. Two years back i gave a notice for divorce but he is not agreeing for mutual.  We are not even in talking terms with each other. I am tired and really want to file a divorce but lawyers say no use fighting for divorce as marriage is morethan 12 years. I am staying seperate from past 9 years. Is it not possible for me to file a case because i am deprived from my basic needs. 

Kindly advise.



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 4 Replies

Gautam Kapoor (IT professional Studying Law)     01 February 2014

@Sri Lakshmi - what your lawyers say is in a way  true.

Parental Care requires children needs to be kept above your needs. Since you are pushing for divorce looks like  you are intending to marry again?. What future would you give to your Son. Think again.If issues can still be sorted out, please do.

A apology here or there will help.

Let not egos spoil you child's future as he is entitled to both of your love.

great india (manager)     01 February 2014

1. if genuinely you can prove his desertion and cruelty then you can get a divorce. 2. he works abroad you knew about it so you accepted that while gettin married. if you prove neglect... desertion by him then you might get a divorce. 3.else irretrievable breakdown after years of seperation can be one of the grounds. 4. why he is not agreeing for divorce you should find out and settle amicably.

Adv Archana Deshmukh (Practicing Advocate)     01 February 2014

 I do not agree with your lawyers opinion, and you can file for divorce if you want as you have valid grounds.  If there is no relationship left between both of you and you are not on even talking terms with him then there is no point in continuing the marriage for name sake. However, as you have a child to think about,  you should take the decision of divorce only after considering all the pros and cons about it and also whether your son would be able to accept this and your decision of remarriage.

Pradeep Kumar (Lawyer)     01 February 2014

Dear Mam, first file for restitution of conjugal rights. Get the decree. Execute the decree.then file for divorce on the basis of that unsuccessful decree. In this way you can prove that your husband is not willing to stay with you and court will give you divorce. Reg Adv. Pradeep kumar khatana 9871765000

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