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Dharmendra Shah (Manager)     16 June 2014

How to get divorce

Hi

     I got married on 25th May 2013. My wife is short tempered and very angry . She quarreled with my 72 yrs mothers and tried to bit her. So I force her to left my house and she left my house in November 2013. After  2 months I talked her and invited to my house but I refused . She is ready to come only if I purchase property near her father's place. But I want to purchase property near to my Relatives where more than 200 peoples resides. Also She is not ready to maintain relationship with any of my relatives. She is not ready to cook for me  in the morning . I asked her to give me divorce if she does not want to come but she is not ready to give me the divorce . I asked her mother then also she demanded big amount for divorce . I am ready to take back her if she wants.

I have some following question

1. Can I ordered her through court to live with me at my place ?

2. How can I get divorce from her ? If yes then would I paid any amount to her ?

3.  How can i get divorce legally if she want to come my home ? In how much time ?

4.  What are the defending argument of her if I lodge a case against her ?

5. Can I do second  Marraige I she will not give me divorce in reasonable time ? 1 or 2 years

6. Can She demand maintenance expenses ?  I am ready to take back her if she want.

 I would appreciate if you help me

Thank you



 2 Replies

Adv k . mahesh (advocate)     16 June 2014

1. under RCR court will direct her to stay with you but if she not willing for anything even after she stays with you what can you do first sort out the problem with her

2. you cannot marry without a divorce decree in your hand and if you go ahead it will be another problem for you

3. if she is not willing to stay with you and if she files for maintenance you have to pay and court will decide how much to pay after considering you income

4.  about alimony payable to her for divorce is your choice and if you want to fight divorce do not pay and if you want urgent divorce then compromise with her and go for mutual consent divorce which takes nearly 8 months and both of them should present

Dharmendra Shah (Manager)     16 June 2014

Dear Sir

        In your 3rd point you said if she is not willing to stay with me and if she file for maintenance  then I have to pay. But sir I am ready to maintain her if she lives with me . If she is not willing to come then there is no my fault. I am ready to give her best life but she is not wiling to give up her job and her father's house . According to me I can file divorce petition legally and have not to  paid any money for that if she is not willing to stay with me. Even though I am not lawyer but This is my logical opinion. One more point is that She is working woman and earns Rs. 9500/- p.m and I am earning Rs. 40000/- p.m.  Do I liable for maintenance ?


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