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Vivek (Software Engineer)     24 January 2013

Help for divorced please help

 

Hi All,

I am writing here behalf of my friends, He is 28 years old from Hindu community, He registered the marrige with her Girl Friend before 3 years, they put only register marriage in court(Blind Love) the decision was taken too hastily by him and her, she never lived in matrimony home, Now my friend want to get out from this marriage thats why we tried to contact her Family but they are not responding properly, also she is not agree to MCD & saying she dont want to stuck any any legal process, that girl is to much aggresive, Now I have few question

 

1:- How we should proceed

2:- How to effectively collect evidence to prove that a she deserted her husband.

3:- what document will required to prove desertion

4:- All experts please suugest us for getout from this marriage

 

Thanks in advance

Vivek



Learning

 21 Replies

Chetan Joshi (Advisory/Advocacy)     25 January 2013

Try to explain her the process of divore through mutual consent is not about court visits...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

ANAMIKA VICHARE (LAWYER)     25 January 2013

All have rightly advised

If you can send me email

I can advise good things which are confidential

So that I can guide you at  one go

Email : anamika_vichare@rediffmail.com

Lawyer Purush Hakka Saurakshan Samittee

 

Vivek (Software Engineer)     25 January 2013

Hi Thanks to all Experts,

 

We are afraid if she will file any false complain against my friends & his Family. How we have to proceed unilaterally for divorc. How much time will take for same ?

 

Vivek

Chetan Joshi (Advisory/Advocacy)     25 January 2013

Cant predict, make sure the ground chosen is well accorded with evidences...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Msk-need -nuetral- laws (self)     25 January 2013

I think you had another posts in which i responded, please stick to one post, that helps in experts rightly to advise, follow ashish sir reply

Vivek (Software Engineer)     28 January 2013

 

Hi,

 

My friends going to file divorce on ground of disertion but he is much more worry  because definately she will fire any wapon like 498 or she will demand maintance from 1st day of register marriage (she didnt live even 1 day in matrimonal home), Local advocate suggest us to file RCR 1st but now he dont want bring her, we tried before to convey her and her family lots of time but no result, Now our final decision to take Divorce in any condition. Can experts suggest me to protect our self before doing anything 

 

Regards

Vivek

jitendra (Student)     28 January 2013

Hi,

my name is jitendra kumar my friendrs has problem in marriage life. his wife alwz go her parents home in every 2 or  3 month without permision of her husband and his wife parents is not original. nd they have no any certificate of adoption. then we can file any suit agains her perents for harsment to my friends.

Vivek (Software Engineer)     28 January 2013

Hey jitendra,

 

Please Start your own query separately 

 

Vivek

jitendra (Student)     28 January 2013

first your friends has any prof of marriage, if yes then how many time spend your friend with his wife? or not? she have hany prof of marriae? or not? when both have prof  of marriage then First of all she want to get divorce? 

jitendra (Student)     28 January 2013

your friend's wife want to divorce from him

jitendra (Student)     28 January 2013

your friends have any prof  of marriage and also his wife has any prof of mariage? if yes then know the intend of both party they want to file divorce ? yes or not ?

Vivek (Software Engineer)     28 January 2013

Hey Jitendra,

Taking Marrigae proof is not big issue,  both have certificate of marriage.  Now My friends going to file divorce on ground of disertion but he is much more worry  because definately she will fire any wapon like 498 or she will demand maintance from 1st day of register marriage (she didnt live even 1 day in matrimonal home), Local advocate suggest us to file RCR 1st but now he dont want bring her, we tried before to convey her and her family lots of time but no result, Now our final decision to take Divorce in any condition. Can experts suggest me to protect our self before doing anything 

 
Vivek

(Guest)
Originally posted by : Vivek

 

Hi,

 

My friends going to file divorce on ground of disertion but he is much more worry  because definately she will fire any wapon like 498 or she will demand maintance from 1st day of register marriage (she didnt live even 1 day in matrimonal home), Local advocate suggest us to file RCR 1st but now he dont want bring her, we tried before to convey her and her family lots of time but no result, Now our final decision to take Divorce in any condition. Can experts suggest me to protect our self before doing anything 

 

Regards

Vivek

 

Fatafat ek notice bhejo, send a notice through a competent lawyer.

 

Or in worst case secario, directly file a divorce, though lawyers will tell dont want, but like this your friend will be saved from lot of trouble.

 

ONce diovrce petition is filed, 498a cannot be filed against your friend.

So directly file divorce petition.

Nandha (NIL)     28 January 2013

@sujay

 

Are you sure that once divorce petition filed, 498A cannot be filed??

 

nothing can prevent wife from filing 498A. This is what i have read in this forum and heard from victims and experienced lawyers.

 


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