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shamim (computer operator)     04 April 2015

I want divorce from my wife due to her misbehaviours

Dear Sir,

I am  a Muslim and married to a Hindu Girl last 5 years back and we have a girl  child. 1st we married in Temple, then it registered in registrar office. Then we did Nikha as muslim tradition. As i  think she will take care of my old parents and my family.  After married we stayed sepaerately for  year. After the birth of my girl child, our parents also started staying with us, because  to take  care of my daughter. My wife started quarreling with my parents and abused my parents. She left my old  parents and went to her mothers house along with my daughter. Now its 3 years she is not returned back nor showing my daughter to me nor my parents. Every time threatning me to put  owry or haressment case on me. I wrote several letters to Police  commissioner/ D.G,P/ Police Sub-inspector. But did not get any respond from them. The situation is very worst day by day. 

I tried to take divorce taking a lawyer, we have sent a notice, after several  reminders, they came and compromise. But the same misbehave and quarrel. I have send again notice, she is not sighing nor ready to  give me divorce.

I  want to  give  divorce her and want  my daughter with me. I am ready to  take care of my daughter or  ready give maintainance for my daughter.

If any law for  victim husbands ? she is harrshing  me from last 5 years not coming back  nor giving me divorce. Please advise.

Please help me.

 

 

 



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 16 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

If the marriage was registered under Special Marriage Act, then filing the contested divorce case is only option to get  divorce.                                                                       1) if marriage has been solemnised under provisions of Special Marriage Act for obtaining divorce you will have to file for divorce in family court . 
2) since she has been staying separate for 5 yrs your can file for divorce on grounds  of cruelty 

3) contested divorce proceedings take  over 5 years to be disposed of . 
 

	 			 

shamim (computer operator)     04 April 2015

Dear Sainath Devela Sir,

We are staying seperately from last 3 years not 5 years. We have sent once Notice for  Divorce, she is  not interested to Sign nor give me Divorce. She is telliing  me i will  not  sign, nor give you divorce. Do  whatever you want to Do?, tell me what  can be the solutions?, she don't want to give me divorce nor want to come, her main intense is to harres me life long. Please advise

My lawyer telling  different stories, like she will put dowry case or domestic violence case on you, like  so many stories, what can be the solution. 

regards,

Shamim

 

sandykrish (Interested in Family LAW)     04 April 2015

Yes, Shamim what your advocate is forethought is correct. Your wife might resort to false cases post your divorce summons this you could term as after thought. But you can insulate apart from achieving what is required at this stage. So go ahead with Desertion and Mental cruelty grounds, in the process if you get an opportunity for mediation sit and compromise for a MCD.

FREDYCHARLES RK - Bangalore (Advocate)     04 April 2015

Shamim,

Guess the root cause is your parents, nowadays it requires a angel of sort to take care of others let alone the legal spouse. But, you have a kid and that too a girl child, so divorce under SMA or HMA or Muslim law is not a good option. Try to make a seperate home for your parents with some caretaker and take a deep breath and resume your stay for sake of your angel

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

As UR's is an inter religion marriage, dowry does not exist. But 498A and DV are possibilities, but only presumptions at this stage. U have not mentioned how UR marriage was registered? And at the time of Nikha did she convert herself into  islam as per the customs? These are all relevant questions for UR case.

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

Another advice is why don't U both visit for family counselling, there could be a chance of  reunion.

shamim (computer operator)     05 April 2015

Dear Sir,

 

I went to Mahila Mandal, Womens power, went to every where but no solutions comes. Yes from Nikha   her Name  was Reshma Bano, and she requested me  not to change her name in Certificate due to her Career. I  am not so much financial sound to do arrangement separately for my parents with care taker. I am getting less than 10000/- so I am taking care of  my parents and my wife and child. I am doing justice to both of them. She not only misbehave my parents she do the same behavior with me. The strange thing is that, in this behavior their parents  also  support her. From  thinking  day and night my health condition going down and I am in depression. Due to sleepless  nights, I am now a isnomania patient ( Sleeping  disorder ), I am feeling  life  like a hell. I  have not  taken decision  till  date because of my Daughter, but no solutions comes out. How many day, I will face this  torture?, please advise me, how to take divorce and take my daughter from her. I am ready to give maintainance to daughter, because she is also a working women.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 April 2015

So to conclude if both of U are not in a position to reconcile and unite, better get separated and live happilly.

shamim (computer operator)     05 April 2015

Dear Sainath Devala Sir,

Please  advise me how can i take divorce, as my wife not ready to  sign  on the divorce paper nor ready to give  me divorce. Her  and her parents  main intention to haress me life long. Some times i am thinking for  sucide. My financial condtion is not good. My lawyer exploiting  me due this situation. Just give a simple notice to my wife my lawyer taken Rs.10000/-. one time only. My lawyer  encourging my wife to put case on me, se he can take more money from him. What to do?

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2015

Change UR advocate immediately, if he is behaving in such a manner, other wise U will land in further trouble.Ur questions 1. How I can take divorce, 2, My wife not signing the papers,3.Her parents harassing U. 4. Thinking of committing suicide.5.Lawyer hand in glow with UR wife. After providing so much of input by me and the other experts, still U have raised the above list of questions, I presume I have no answers.

shamim (computer operator)     06 April 2015

Dear Sainath Devala Sir,

I am a Lay man, and a desperate father of a 5 years girl child, who is unable to see her daughter from last 3 years, i have tried through police, lawyer, but the result is same blackmailing from my wife. So, went to a lawyer, tell  him the details about my case, trust him, tell everything  whatever the truth. Whereas my lawyer taken my week point  and reversely asking me money everytime,  When i asked  him show me the proceeding  of the case, he told me that it will take  time and its court case i have to spend money for documents and give money to  clerk  of the court. He only send  one notice to my wife and taken Rs.10000/-, again asked me Rs.20000/-, i told him that, the case in  the same  position, your again asking  me money. So, told  him that  i will pay you money, but please proceed further. As he asked me Rs.40000/- for the case.

I stoped visiting my lawyer, now he is calling my wife and telling her to put case of me, so that i will run to him to save my life. 

Whom should i believe?, i went to the lawyer for my personal problems, i thought he will help me and solve my problem. Everyone is  money minded, 1st solve the matter then  ask for money.

What to do sir, i very much desperate.

Regards,

Shamim

 

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2015

I feel he is taking advantage of your behaviour, change him immediately, he has to give NOC. Why suffer defeat because of a greedy lawyer.

shamim (computer operator)     06 April 2015

Dear Sainath Devala Sir,

Thank  you very much sir for your help and guidance. I really appreciate your good self. I will  right  you mail if i need any legal help from you.

Thank you very much sir,

 

Regards,

Shamim

 

SAINATH DEVALLA (LEGAL CONSULTANT)     06 April 2015

Good luck


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