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Dnyanada   10 February 2017

How to get divorce if my wife is not willing to give it?

Sir, I get married in July 2009. After that my wife doesn't stay with us, till today. Everytime when she came home quarrel with me and my family, and humiliate us. Her family and she cheat us in marriage by showing wrong birthrate of her, after marriage I knew it. Before 2 years I place in govt class 1 job. On that time she came home quarrel with me and my family and take off my cellphone forcefully from me. Then she called every person and talk badly with them. We tried to solve problem by family meetings 2-3 time. Every time they agreed to solve all, but didn't do anything. Now I finally went to court but she is not willing to give divorce to me. Now she wants to live with me. We don't have any husband wife relationship. In the SP office she blamed on me that I am character less, they gives time to her find proofs. Then in family court they told take some decision mutually. But I don't want to live with her. From 2 years someone hacked my mail and Facebook accounts and provide her my pan adhar details. Now she said she loves me and wants to live with me. But I want divorce as soon as possible. Please help me. And also tell how much duration it needs.


Learning

 13 Replies


(Guest)

If she doesn't want to give divorce, it will take 10 years or more to get it (even if you have proofs against her like adultery, cruelty etc.). Sorry. So forget about going legal route and deal with the problem psychologically. Behave so she hates you, without hurting her or abusing her (e.g. stop talking to her, avoid her etc.). And keep fingers crossed that she'll agree for divorce. If you apply for divorce, you'll also face threat of false cases like 498a, DV etc. In the end, getting divorce will be the least of your concerns.


(Guest)

Wrong advise by above non-legal members.

Even if wife does not agree to give divorce, divorce can be easily gotten.  No big deal.  What you need is good advocate to handle your case from scratch.

MOHAMED FIROZ (DIRECTOR)     11 February 2017

In Islam once they have found that they cannot live togther they can by talaq or kula get seperated within one year as per their law. No need for triple talaq but by proper procedure.

stanley (Freedom)     11 February 2017

As she has deserted you can file for divorce on the grounds of desertation and another ground would be cruelty as you have stated that she has been cruel; to you . Prove the above two and Divorce would be granted to you .It would not be a big task even for a junior advocate .


(Guest)

I disagree with above stanley.

Cruelty is the most difficult things that can be proved in court of Law.  What might be cruelty for you might not be cruelty for me and so on.

If you ahve not yet filed divorce, take help of good advocate to file divorce petition properly.  Frame issues properly to achieve desired result.

 

Make note one thing.  Your advocate already knows the fate of your case the  moment he is writing the petition for you.  The above stanley says that any junior advocate can.. blah blah..

 

But it is not so simple.  You need very experienced advocate to get divorce when wife is unwilling to let you go.  If you are from bangalore you can contact me.

whatnot   12 February 2017

It is standard pratice by lawyers to blame opposite party for all worng doing and create an unaviodable rift between warring parties. On the other hand court stipulates that each party should try and reconcile and let marriage a second chance.

 

There lies the quandry. Do by default it is catch22 for both parties involved.

At the end of the day some sanity should prevail both parties and agree for some kind of middle ground through a mutual consent divorce.

 

As per family court demand mediaition and sort out by offering some alimony. No point in beating horse which is already dead.  Just concetrate on money issue and rest all keep it in back burner.

 

And grow some spine. Being meek you will stomped like a fly.

A walk alone (-)     12 February 2017

If you are in hurry for divorce better start live-in relationship. Contested divorce takes a long time. It's also possible if you win she can appeal in higher court approx a decade will waste in roaming court. You can file divorce on cruelty ground . also file some false cases on her because it's possible once you file divorce she will file false cases on you and your family. Before she file any case file false case on her and her family let them roam court and waste their money. One day when they go tired they will come for MCD.

stanley (Freedom)     13 February 2017

Originally posted by : autohide4u
Helping hand seems to only help himself. The hand goes straight to pocket. 

laughlaughlaughcheekycheekysurprise

stanley (Freedom)     13 February 2017

Originally posted by : autohide4u
Helping hand seems to only help himself. The hand goes straight to pocket. 

laughlaughlaughcheekycheekysurprise

stanley (Freedom)     13 February 2017

Originally posted by : Helping Hand !
I disagree with above stanley.

Cruelty is the most difficult things that can be proved in court of Law.  What might be cruelty for you might not be cruelty for me and so on.

If you ahve not yet filed divorce, take help of good advocate to file divorce petition properly.  Frame issues properly to achieve desired result.

 

Make note one thing.  Your advocate already knows the fate of your case the  moment he is writing the petition for you.  The above stanley says that any junior advocate can.. blah blah..

 

But it is not so simple.  You need very experienced advocate to get divorce when wife is unwilling to let you go.  If you are from bangalore you can contact me.

 

@ Helping hand help your self as much as you want by advertising over here to contact you laughcheekysurprise

Expanding envelop of mental cruelty for men to seek divorce; a view by Hon’ble HC of Gujarat. Gujarat HC on 22-04-2013 rules that wife not allowing her in-laws to stay with her and her husband can be a ground for divorce under mental cruelties to husband……….. Source: https://www.dnaindia.com/ahmedabad/1826082/report-saas-bahu-stories-are-not-always-funny-some-end-in-divorce

And isnt "A marriage without Sex is anathema,Court holds Impotency OR refusal to have Intercourse as Mental Cruelty. This is double edged sword."

And in this thread the author of the post has stated desertation as they are not living togather from 2009 

Also when one is aquited from false cases like DV or 498 A Divorce is granted so many judgements 

 

laughcool

Ganesh Nair (Employed)     13 February 2017

Helping hand really confuses the already confused and harassed souls. His answers to all problems are contradictory. In one case he writes getting divorce is just not possible and in other posts of similar problems he says you can easily get divorce  if you get an able and experienced lawyer.  I can understand real victims holding back their identity. But if "helping hand" really is a lawyer, why should he withhold his identity? And in almost all posts , he shamelessly canvasses for free. He will simply mention that there are ways to reduce maintenance , get a speedy divorce etc etc. but he will not write it here, instead ask for a private message.  Looks like he doesn't want or like others who are really giving good ideas and suggestions free of cost here. What I have observed here is that fighters of false cases here give solid suggestions than the so called helping hand who calls himself a lawyer. time to boycott HELPING HAND

1 Like

DB (Other)     06 March 2017

I strongly belive the mentioned situation is fake. Why a girl quarrel, no motive has been mentioned. False date or birth seems a laughable reason for dispute. Do somebody realy need to hack someone's facebook account to get information of Adhaar and PAN card. These information a wife should know ASAP. Also, PAN card information is not a hidden things if you know someboday's DOB, Father's name you can get this. And if it is true then do police complain and they can trace who has hacked his account. I know polic can trace me in hours from where I am typing these messages. So do not belive in this story. Only motive seems that boy want divorce at any cost, that's it.


(Guest)
Originally posted by : autohide4u
Helping hand seems to only help himself. The hand goes straight to pocket. 

This is the post which shows your true color.  If women like you can be like this in open forum.  No wonder there are scores of men who are suffering due to marriage.


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