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Ramit Tandon   15 December 2016

How much to pay to get divorce

Hello, I got married in year 2000. And due to my wife's misbehavior and bad conduct I had to take this decision. She left us with her father in 2007 without my intent and permission. While I, my parents and my Uncle also asked her to not to go. But she denied and went without taking and thinking about my son while he was only 6 years old. Since 2007 she is living with her parents. And I am taking care of my son. During this time once her father asked me to take her back. But I said once I want to discuss this issue with some of their and some of my relatives, then only I will allow her to come back. They agreed and then suddenly one day her father came with one of his friend and one constable, instead of their relatives. Luckily when that constable heard about her behavior, he scolded her father in front of us. Then after some time his father asked my father that they want to marry her daughter somewhere else. We said OK, do whatever you feel comfortable. My son is 16 years old now and living with me. I don't want to marry again, but to take care and look after for my son. During this period she never tried to think about my son. She always asked me to separate from my parents. Last year in December 2015, my father got expired. And then she came after so many years with her father. But we didn't allow them. Now what should I do and how much I will have to pay her for getting divorce.

Also my son do not want to be with her mother. Is there any chance that they can ask my son's custody as he is still Minor. While he hates her.

The reasons of dispute and separation were, she was only 10th pass and mentally was not mature enough to think. She never tried to look after for her cleanliness. And that always made me to hesitant to go near her. I was also not having physical relations with her around 2-3 years after marriage. She always suspected my character. And always caused the depression and tension at home. She never look after for my son and since childhood my son was comfortable with his grand parents.



Learning

 6 Replies

whatnot   15 December 2016

Male child once reached 14years, he is independent in court of law and no custody can be calimed.

You apply for desertion and don't have to pay anything.

Prove it court that she lived so many on herself.

Or you can apply for judicial separation. But may involve maintainance.

If all these years are gone.let life its own course.

Why wake up sleeping gaint and run around court.

Both have you suffered separation in your own way.

Let the bygone be bygone.

Encourage son to meet her up as son.That's compassion.

 

 

if your question is to pay her off so she can live herself,talk to them and come to an agrreble amount and file for MCR with cheque in court name

Mukesh sharma (job )     15 December 2016

Hi Ramit if you and your wife living seprate so you file for divorce or if your wife agree with you than file for MCD its easy and speedy way to got divorce and no need to apy any money to your wife 

about your son now he was reach 16 year old so their no reason to file about his custody and nither he get it so dont affraid about your child custody 

other you file divorce case in court and hire lawyer who take care family case 

 

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     16 December 2016

Judicial separation is futile in your case.

If you want you can file for divorce based Deseration, cruelty.

Ramit Tandon   16 December 2016

Thanks All,
As I memntioned earlier, I cannot take the life at its course and cannot let the situation lie as it is, because after the demise of my father they started forcing me to take her back. While after so many years neither me nor my family, including my son want her back. Because now we do not have that bonding, respect and feelings. And also during this period they thretened us as well. That's why we want to get legal separation. I also came to know from some common relative that they planning to demand 15 Lac as maintenance for this separation. While I am not in the condition to fulfill their demand.

A walk alone (-)     16 December 2016

No need to fulfill their demands. If you want divorce then file on cruelty and desertion ground. If you prove desertion then no need to pay any maintenance . next time if they threats you make a audio or video recording. This recording will help you as evidence.

Ramit Tandon   25 January 2017

Hi,

As you guys suggested, I filed a case against them to get the Divorce. Now after that they also filed a Domestic Violence case against me. Is this Case valid that she is living seperately for last 10 years. Court won't ask the grounds of Domestic Violence. As I already have my advocate, but your expert comments required...


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