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DEVENDER KUMAR (Designer)     06 November 2014

I don't want divorce

My wife want divorce and I don't want divorce. My wife  has been staying with their Parents house for the past 4 years? We have been married for about 10 years now and we have 2 kids.

After the death of her younger brother, my wife is living at her parental house. We had disputes as she had decided not to come back and is forcing me to live there as well. Now she has filed a Divorce case under section 13(1)(ia)(ib).

What will be possible outcome of this case will my wife get divorce I haven't done anything wrong like

  1. Adultery
  2. Desertion
  3. Cruelty
  4. Impotency
  5. Chronic Diseases

I can prove in court that i m not wrong.

 



Learning

 11 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     06 November 2014

Dear, It's not the matter as to what you have done, but what she proves to the court. If you have not.done any wrong then defend your case properly. Adv kapil chandna, 9899011450

Adv. Chandrasekhar (Advocate)     06 November 2014

Engage a good advocate. Contest case. She will not get divorce.  

T. Kalaiselvan, Advocate (Advocate)     07 November 2014

If she has filed a divorce case against you on the grounds specified in the petition, you have to contest it properly with the help of a prudent lawyer and get her case dismissed.

sansh (not working)     07 November 2014

is chronic disease a ground for divorce in india? where is it mentioned?

SuperHero (Manager)     07 November 2014

After 10 years of marriage and with 2 kids she wants divorce..

What are her plans for future...get Maintenance and Alimony...and stay happy....take care of kids....

How do the Kids feel.....missing Love and Affection from both Mother and Father...

HOPE everything gets settle down......

rising up again (FFF)     07 November 2014

why do u not want a divorce ? after all this mess.... and no love for u from her...... you think you can stay with her for your life ?????  

 

Its better to get real, get practical and come out of all this... find a new partner and live happy. ELSE, your entire life will be in the hands of a female who doesn't have emotional bonding with you.... 

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     07 November 2014

Dear, I fully agree with Advocate Kapil, pursue your case with a help of a fine lawyer expert in handelling family law cases, dont worry its not that easy to get divorce, you will have to get through many phases, also mediation is also there, so go ahead. BEST OF LUCK

DEVENDER KUMAR (Designer)     07 November 2014

Dear all thank you very much for need full advice. For last few days I was feeling I lost everything. But every advice has given me a new hope. My wife doesn't want  Maintenance and Alimony. She just want to stay with her parents. At any cost. At the cost of divorce also.

But I also don't want Divorce and my wife is not ready to listen anyone. She is not thinking about kids future as well as what kids will feel after divorce and pain and loneliness kids will be facing after divorce. She is just thing by taking divorce she will live happily and she can take care of kids alone without any suggestion or help from me.

I agree that I still love my wife and no one can take her position. I know there were some issues and some time fights happens between us just like any normal husband and wife but it gets over after some times and we live happily again.

But Now suddenly she wants divorce at any cost and their parents also supporting her. It will be a tragedy for my kids future and life, even i forgot myself. Thats why I Don't want divorce at any cost.

Please can any one advise on this and I am in search of a advocate who can help me in this. My Divorce case is in Gurgaon family court.

Adv. Chandrasekhar (Advocate)     07 November 2014

@Sansh, Chronic disease is not a ground for divorce.  Section 131(iii)(iv) and (v) of HMA talk about divorce on the ground of mental and physical disorders mentioned therewith.

1 Like

T. Kalaiselvan, Advocate (Advocate)     07 November 2014

For an advocate suiting to your taste and needs in Gurgaon, you may have to look for one yourself.  However, since you are very sure that you want to continue the married life with her, better challenge her divorce suit appropriately, because she will not be able to succeed in her divorce case on vague grounds, she is liable to prove her grounds/reasons with substantial evidences, which may not come her way as per your contentions and aspersions.

You may stay away from her for the time being say for a period of around six months without any contacts with her and this silence may make her feel a sense of missing you and may bring her back to the matrimonial fold once again to continue with the disrupted martial voyage, allow passage of time to answer this problem.

SuperHero (Manager)     07 November 2014

Wait for some time may be months as Kalaiselvan sir mentioned...she will realize...just keep visiting.....All will be Well.....

Have Faith in God, Have Patience, Tolerance and HOPE.

Some times small fights will lead to big issues......ofcourse it is very difficult to maintain the calm and cool attitude as if nothing is going on....if u have a big fight...


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