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amardeep (xyz)     04 August 2013

Help in filing for divorce

Good Morning Experts,

I need to file a contested divorce petition, I belong to haryana, currently living in Uttar Pradesh and got married in Delhi. I need to make below mentioned as grounds to file the same.

Kindly guide me the initial expense for filing the same and which court should i go i.e haryana (where we both used to live together), Delhi (where we got married) or Uttar Pradesh (where i currently reside from past six months)

• Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.

• Threatening to leave husband’s home and threat to commit suicide by the wife.

• Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband’s relatives.

• Abusing and accusing husband by way of insulting in presence of in-laws and in some cases wife abusing husband in front of office staff members.

• Wife refusing to have s*x with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.

• Lowering reputation of the husband by using derogatory words in presence of family members and elders.

• Lodging FIR against husband and in-laws which has later proved as false report.

•disrespectful behavior towards husband




 



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 August 2013

You can file in the court of the place where you got married or where you last resided together. Filing expenses are not much. Consult a local lawyer bcoz fees of lawyers are different.

1 Like

amardeep (xyz)     04 August 2013

Thanks for your quick response mam

adv.raghavan (Advocate,9444674980)     04 August 2013

you can file either in place of living or place of marriage, are you  asking us to select  grounds for divorce or is these things are  happening with your wife, because as per ur statement she is sick, has mental disorder,had  deserted you, and acting against your family, threating you. if your wife is in good relationship and you both had to part ways file under MCD, or go for divorce from your side under sec 13 of HMA 1955.

amardeep (xyz)     04 August 2013

sir, these are the things she is doing to me as mentioned in my post, Also she acts weird some times as she is suffering from some neurolotical problems (her mother still has and is under medication) might be derived from her mother, I urged her manier times for pscychatric visit but she used to yell on me.


She is not in favour of mutual divorce and also she doesnt wants to live with me,So i am thinking of contested divorce option.


Can you plz elaborate MCD and sec 13 of HMA 1955 so that i can examine and hire a local haryana lawyer.


Sir also tell me how long does it normally take for contested divorce

 

Thanks in Advance sir

Adv Archana Deshmukh (Practicing Advocate)     04 August 2013


(Guest)

@ Dear querist,


contested Divorce 13ia  is the rigorous process where the petitioner pray for the decree of the divorce based on the facts and circumstances against respondent.


The points which you have mentioned above are very much a ground of mental cruelities.To seek a divorce you have to do the following:


1. Hire an advocate who deals with divorce & matrimony cases.

2. Give your lawyer all the details about your mental cruelities which you have the proof and evidences.(but never give the original proof to him until or unless it been asked in court at the time of evidence stage).

3. Apart from this never miss out the the whole bacground of your marriage like why this cruelity against you happened and on which date,what was your steps to protect marriage but she only deprived you of hapiness and conjugal life.

4.Make the multiple cds and transcriptts of the original proof and keep it safe.

5. The fees of lawyer depends on his experience,types of cases and offcourse your paying capacity.

6. The contested divorce if having enough proof and evidences against respondent then you can get decree within 2 years.But merely allegations and not enough proof and evidences then it will go above 5 years.

-----------------------------------------------

for your second querry

 

MCD 13b-------is mutual conscent divorce where settlement prior to dissolve the marriage is been done by the couple itself and a MOU is been signed stating the settlements and conditions where either of the spouse agreed for such prevailings in future.

Once MOU is signed it's been placed in front of the court praying for mutual divorce on any reasonable ground of divorce told by the couple.Stating that we want to part away without any force or fraud,it's our will to not live with other.After submiting it's first motion the court will ask both of you to come after 6 months,then on that date you both have to be present and the court will order the decree of divorce.

1 Like

adv.raghavan (Advocate,9444674980)     04 August 2013

u did not mention whether she is suffering from neurolotical problems, prior to marriage or after marriage, if prior to marriage u can file under section 11 HMA  1955, u can go for decree of nulity, but u have to prove that., divorce under 13 will depends upon the court, but it will be a long drawn battle.

Shyam (Field Supervisor)     04 August 2013

You can file divorce petition on the ground of 'cruelty'. But make sure you have enough evidence in hand before plunging into a court battle. If you dont have enough evidence in hand, it is better to wait and collect solid evidence first, and then go to court. Be prepared to fight for several years (2-3 yrs in family court), followed by High Court etc. Apart from lawyer expenses, be ready for Interim Relief to your wife during court battle, and then alimony, if you get divorce. It is better to spend some money to hire a good and reputable lawyer. Neurological problem of your wife might not be a good idea to mention in court, as it may dilute your alegation of mental cruelty. In fact, your opposition can use it as an excuse of 'abnormal' behaviour of your wife. Try to prove that your wife is in good mental condition. Then only her cruelty will be a good cause for granting divorce. 

1 Like

amardeep (xyz)     05 August 2013

sir sometimes initially as we have also worked in same office for over 3 yrs before marriage i felt her abnormal behaviour but never took it too seriously and thought as its just her anger (she used to scold and slap me despite of the place we are standing in either public or private), but gradually when she got too often i sensed some trouble and asked her whether anyone in her family ever had some disorders, only after that i came to know, that her anger and disrespect is quite natural (inherited) thing.

and as per viewing the experts comments i see that its going to be a bitter path as i dont possess such money which i can extravagant, hence i'll keep quite and get busy in my work and let her do what she wants.

Thanks for the replies to all the experts


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