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Prasad (Systems Engineer)     01 November 2014

Husband should never apply for divorce first ???!!!

 

Respected Experts,

 

As my current lawyer could not continue my case, I enquired with few more lawyers.

 

All of them saying that "I did a big mistake by applying for divorce first".

 

And so, they are not willing to take case or they are demanding many thousands of rupees as fees.

 

They say that I should have either gone for RCR or Mutual consent.

 

I cannot go for RCR as it is not what I want as there is a chance the respondent will come back.

 

The respondent demanded lakhs of money for mutual consent. 

 

Even if money is negotiated I expect the respondent to skip the second motion of MCD.

 

Now, what are my chances of winning the divorce case? I have 6 audio proofs with me.



 9 Replies


(Guest)

Wrong.  Nothing like that.  I dont know your case.  But whoever has suggested this, that husband filing divorce first is mistake.  Perhaps they were referring that you did not file RCR and directly filed divorce.  Even such an argument is wrong.  It is married life.  Any person whoever it is, main thing is peace of mind.  A person may work, earn money, sit idle, do anything for that matter, all is done to gain some satisfaction by means of achieving peace of mind.  In short, if there is no peace of mind, there is no use leading such life.  Though there are a set standard rules for asking divorce, it all zeroes down to one thing, whether the petitioner is able to lead happy marital life with the spouse.  Yes or No.  If the court observes that there appears no good reason that the couple stay married, it will grant divorce.  It is the duty of your lawyer to make realize to court that it is impossible for you to live with your wife.  Find such counsel and your job is done.

1 Like

Saurabh..V (Law Consultant)     01 November 2014

@Author

 

All you need to spend is patience and not thousands of rupees. Additionally you have proofs so just engage a "non-greedy" local lawyer and keep fighting.

 

If you are from Delhi, then I can suggest a genuine and non-greedy lawyer.

 

--

Regards

Saurabh

help@lawforumindia.com

www.lawforumindia.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2014

I agree there is no mistake in filing divorce first, if the grounds are justified.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

Sudhir Kumar (Retd Govt Officer)     02 November 2014

On the contrary RCR is the biggest mistake which a husband can do.  This is a guaranteed and tested tool to provoke wife to file 498a cnd DV cases even if she dies not want to do.  She has to doso to justify her absence from company of husband.

Happily Divorced (TL)     02 November 2014

So to justify, she would file a false case lol :p 

so it is wrong for the husband to ask the wife the reason for leaving the matrimonial  house is wrong lol what an advice lol

Sudhir Kumar (Retd Govt Officer)     02 November 2014

Originally posted by : Maanas

So to justify, she would file a false case lol :p 

so it is wrong for the husband to ask the wife the reason for leaving the matrimonial  house is wrong lol what an advice lol

Yes he can ask the reasons.  RCR is not asking the reasons from wife.  RCR is just asking the spouce to come back regardless of the circumstances.  In such case she does justify reasons for not coming back.

 

But in Taliban ruled Afghanistan the law provided deserting wife to be just jailed.

498A fighter (tutor)     02 November 2014

@ Sudhir Kumar

ok agreed but    what if wife filed RCR?

in that case in return husband not having the cases like 498A,DV ?

so this is clear injustice to mens.......................................................

Sudhir Kumar (Retd Govt Officer)     02 November 2014

Originally posted by : 498A fighter

@ Sudhir Kumar

ok agreed but    what if wife filed RCR?

in that case in return husband not having the cases like 498A,DV ?

so this is clear injustice to mens.......................................................

Better post this question before someone who is competent to change the law.

498A fighter (tutor)     02 November 2014

@Sudhir Sir

Which is not possible at present?

so i hope you also agreed that there is inequality in the our law system on this point.

there is no single person in INDIA who is competent to change the law....

 


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