Civil Procedure Code (CPC)

How to get divorce


Dear Hon'ble Advocates,

I need you help in advising me how to get divorce from my wife. 

We got married 7 years ago and have two kids. We both are working, I'm a pvt salaried person with monthly salary of around Rs.1 lakh whereas she is govt. employee earning around Rs.30K monthly. I'm the only son and we living with my old parents. The house where we reside is jointly owned by me & my father and bought well before my marriage. All the home loan installments were paid by me only. Now I want divorce from my wife since I'm fed up with her rude, non-cooperative, abusive behaviour which is also affecting our children. we are still living together. In this regard, please help me in understanding following points

1. If I initiate divorce procedure, can she harrase me by lodging dowry related complaint. If yes, will it be better if I first take her to local police station & record our statements first that no such issues are there.

2. Will she have any right in my house jointly owned by my father who are also living there.

3. Since she is also earning, even then can she claim for maitenance expenses.

4. I cannot live without my kids and we (me & my parents) can better take care of them, since wife is working and cannot devote time and her parents are also not financially sound. How will law treat it.

Please help me in living a dignified life.

Regards

 
Reply   
 
lawyer

1) you have stated that you are staying in house which is in the joint names of your self and your father . in the vent you file for divorce your wife may file complaint under DV act and claim right to stay in shared household . she may file complaint under 498A .

2) since she is working and earning Rs 30,000 a month she may not be enttiled to maintenance . but you would be duty bound to pay maintenance for your children if custody of children is awarded to your wife .  

3) as far as custody of children is concerned welfare of the child is paramount consideration . sincve you have been married only 7 years your children may be young . it is advisable to obtain divorce by mutual consent . draw consent terms and settle all issues .

4) contact a local lawyer .


Total likes : 2 times

 
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Your best option is to file a Divorce Suit on mutual consent,without separation you can not file a Divorce Suit on contest.After filing divorce suit there are every chance your wife may lodge a complaint under sec.498a IPC.However she would not able to get maintenance allowance as she is employed,but you have to pay maintenance for your children.Under Guardian and Wards Act the custody of children may be with your wife as because they are minor.

 
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Thank you Sirs for responding. I would appreciate if you could clarify my further doubts.

  1. What if she refuses for mutual consent divorce,
  2. how will she stay in our house after divorce, will she have sale or renting rights in the property
  3. before filing divorce, if I transfer my share of property in my father's name, even then will she have any rights on that property
  4. is there any way by which I could retain the custody of my children
  5. is it mandatory to live separately before filing divorce since as of now we are living together.
  6. will it be right to follow this procedure - Lodging statements with local police station (to avoid DV), start living separately, file petition
 
Reply   
 

Hi,

 

I got married on 12th May 2010 and my wife was there with me in Kolkata till July 13th with me. She was 7th month pregnant and as per her parents request I sent her to her mother's place. Also unfortuanately I had lost my job and I had to come back to Hyderabad. I discussed the same with my wife and also with my inlaws and they were ok for it. But since the marriage there was a cold war between my mother and my wife. But the moment, she was in her house, she was trying to dominate me and then telling me that she will not be able to adjust with my family members. I thought it was not the right time for me to have a discussion about all these as she is about to deilver my baby. But after the childs birth she has become too much adamant and till now she had not come to my house,

So what can I do

 
Reply   
 
PrashantGhai.com

@Singh:

 

1. If she refuses, then file a Divorce Petition on the ground of cruelty.

 

2. & 3. She can stay till the time the decree of divorce is granted. Not after.

 

4. Depends upon how to present your case. Mostly, it is in favor of the mother.

 

5. Not mandatory for a contested divorce petition.

 

6. No matter what you do, DV and 498a will come if she has the mindset to put unnecessary counter cases, rather than fighting the divorce petition on merit.

 

advocateprashantghai.com


Total likes : 1 times

 
Reply   
 
PrashantGhai.com

@Enoch

 

Involve some elders and try to find a solution to it. If that doesn't help, it'll be better if you can rent a separate accomodation for you and your wife.

 

advocateprashantghai.com

 
Reply   
 
Bangalore

7 years is long time.


You wont get divorce easily as explained by above LD.


a)  It will take a lot of time [5-6 years] and money to get divorce [contested divorce]  

b)  If she files any false cases [DV, 498a] a good 5-6 years is gone coming out of it clean.


So a + b = 12-14 years + money to lawyers, in all of these your children's life will be spoilt, suppose if you claim your children through Gaurdian & Ward act case... you wont get the children, the custody of children will be given to the mother as they are still small, you will get only visitation rights.


Instead of all this, think like this, you love your kids, and you want to be with them.  Some things in life come with packages, like toothpaste ke saath dabba free, you could throw the toothpaste box and just continue using the toothpaste, but now that you have got children out of the wedlock, here you cannot treat your wife as a toothpaste box.  


Try adjusting with your wife.  If you cant fight them, join them !!


Total likes : 1 times

 
Reply   
 

@Helping Hand

I truely in consent with what you've said & advised and for the past few years trying to adjust with the situation - hoping to get it better, but failed. Isn't it any solution to get protection from false DV case, I mean no past history of demanding dowry or harrasement, financial statements, proof of assets, etc. won't be in my favour. What kind of law & justice it would be to live with a person who even doesn't respect you, your values and parents. She is even trying to teach children against me (like papa always fights with mummy, etc.). Please provide some solution

 
Reply   
 
Bangalore

Originally posted by : Singh

@Helping Hand

I truely in consent with what you've said & advised and for the past few years trying to adjust with the situation - hoping to get it better, but failed. Isn't it any solution to get protection from false DV case, I mean no past history of demanding dowry or harrasement, financial statements, proof of assets, etc. won't be in my favour. What kind of law & justice it would be to live with a person who even doesn't respect you, your values and parents. She is even trying to teach children against me (like papa always fights with mummy, etc.). Please provide some solution

Sweety Singh:


All solutions provided. Nothing more left to suggest.


Married life is this, saath mein rehke jhelo, ya taaqat rakho ki court ghoomo dus pandra saal.


No other way, no other go. 


Be with her, cannot be with her, then be ready to roam to court halls for the next 10-15 years.


If even both options not possible, then pay her lumpsum money, ask for mutual consent divorce, you part with money, she parts with your freedom.

 

Be Happy Singh !.



 
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