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Rajesh kannan (Engineer)     07 September 2009

Hindu Marriage Act Divorce

 

Dear Sir/Madam,
We are married 10 months before  but staying seperately  last two months due to few reasons as stated below of our married life. Following are few problems I am facing.
1) My wife wants to alienate me from rest of my family members and friends.
2) Her Mother is hen-pecked and dominates all family situations including asking to show monthly statement of Salary and other expenses
3) My wife listens to and acts in accordance with her mother wishes at all times,
4) My wife is hypersensitive and therefore easily gets insulted for even a simple thing
5) Blackmail (emotional or otherwise) and threats to get her unreasonable demands fulfilled by me and walks out to her parents house following an argument and stays away from me indefinitely without any effort towards reconciliation. Her parents never make any efforts to get her back to me.
 
She having  pregnancy last month and Staying in her mother house. Now they said that abortion done also.
How do I get divorce and which act? They are not agreed for mutual divorce? But she is ask me to apply divorce.
How long will take for divorce?
Do I need to pay her the maintenance? How much the cost? She is not working.
I am working as engineer with 75000 Rs Salary and Singapore Permanent Resident 
Can I file divorce in Singapore?both are India Citizen and Hindu Marriage act.My Marriage not registered in india and singapore also.
 
Please provide me the approach to overcome all these problems.


 26 Replies

R.R. KRISHNAA (Legal Manager)     07 September 2009

If you and your wife are residing in singapore, then you can apply for divorce in singapore itself.  Since the child is aborted without your knowledge it forms a good ground for you to claim divorce.  But first issue a legal notice to her for mutual consent divorce and decide your remedy based on her reply.  Regarding maintenance I am not aware about singaporean law. 

 

Rajesh kannan (Engineer)     07 September 2009

Dear Sir,

She was in India and i would like to apply divorce in India.

Rajesh kannan (Engineer)     07 September 2009

Dear Sir,

My child aborted without my knowledge in India,Chennai.

 

R.R. KRISHNAA (Legal Manager)     07 September 2009

Then apply for divorce in chennai.  You have to pay maintenance as fixed by court.  But first issue a legal notice and then decide your stand.

Rajesh kannan (Engineer)     07 September 2009

Dear Sir,

How they calculate by maintenance fee and how long will took for to get divorce?

 

Saifullah.C (Advocate,Chennai)     07 September 2009

Dear Mr.Rajesh Kannan,I am of the opinion that , before embarking into any  divorce proceedings(to be contested) you have to send her a legal notice asking her to give consent for file a divorce by mutual consent mention a stipulated period. Await for a response or reply, then if nothing fruitful comes from her side you can proceed ahead.

Advocate,High Court,Chennai 

2 Like

Rajesh kannan (Engineer)     07 September 2009

Dear Sir,

She is not willing to come divorce by mutual consent and Mainly they are looking for money from me.

Regards,

Rajesh

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     07 September 2009

If you will file divorce then she can file maintenance. If you dont file any case in India then she will first file case of cruelty etc u/s 498-A and DVA etc. to extract money from you. Tell us more detail after marriage how long you stay in india and where.

adv.kamal.grover@gmail.com

Rajesh kannan (Engineer)     07 September 2009

Dear Sir,

My Marriage held on November 2008 and she was stay with me in singapore until April 2009.After May 2009 to untill now staying her mother house.How much i need to pay for maintenance and please advice.How long will take to get divorce?

 

Rajesh kannan (Engineer)     07 September 2009

Dear Sir,

She never stay with me in India.In Singapore 5 months only.

 

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 September 2009

Maintenance depends upon ur salary and status.

adv.kamal.grover@gmail.com

Vikas Dharmendra (Consultant)     09 September 2009

If wife is working with handsome salary(M.Tech, senior lecturer in engineerg college) and supporting her parents even after marriage, then also maintaince is required?,,, or it's just a business to extort money from husband.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 September 2009

If earning enough to maintenance herself or family then no maintenance.

adv.kamal.grover@gmail.com

sapna (self employed)     10 September 2009

You can file divorce proceedings where marriage took place or where she is presently residing or where you both lastly resided together.If she is not willing to give divorce by mutual consent then you can seek divorce on the ground of cruelty which can be not only physical but also mental cruelty for which you will have to give specific instances. Secondly ,if she is well educated but not employed, she can claim maintenance/ litigation expenses etc. fom you on the filing of divorce proceedings from either side ,besides maintainence under section 125 Crpc. The maintenance will be decided on the basis of respective status, position of the parties in their life., your salary and other sources of income .  


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