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Snavi   24 October 2017

Is it dangerous for men to file divorce

Hello Everyone,

My son had a mutual divorce 3 years back. Recently he decided to get married again. He met a girl who was also a divorcee thorough a matrimonial site. In this July he got married to her but after marriage he realized that he has done a big mistake. The girl is not normal. She always uses abusive words. Moreover she prefers to stay with her widowed mother instead of staying with her newly married husband. In this 3 months of marriage she hardly stayed 10 days with my son. Now we are requesting her to comeback but she is not ready to listen to anybody always giving petty allegations. We are recording her calls. We are completely in darkness what to do. My question is, Is it dangerous for my son to file a divorce case? How long he has to wait for her to file the divorce case. Can we produce the recording in court in case she files 498a (we have no clue about what she wants)? Please help.

Regards

Snavi

 



 26 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     24 October 2017

Shit, so sorry to hear that. The recordings will help, no doubt. I'd also suggest collect more proof that she's not living with you people. Send her a couple of letters by regsitered post (not courier). Don't draft these letters by lawyer; she'd recognize it. Just simple language stating that he is missing her since she is gone since such-and-such date. Send two three of such letters. Keep the recipts of posting; download the delivery status report from India Posts website; and apply under RTI for the register of the postal department where the recipient signs for accepting a registered post (it is available under RTI). My only idea is, to establish that she is not living with you these days. I'm sure other folks here could advice more.

1 Like

(Guest)
100 % agreed with the advice of Learned Advocate ATUL sir.......

Jaspal singh (practicing lawyer)     25 October 2017

writing a letter to newly wedlock might be a alrming in her back of mind that you must be taking precautions of any hazzels which may arise in future, so in my opinion you should take the help of wtz up in this modern world and alwys write positive msgs in decent manner/way and be humble and alwys try to shown tht you are loving husband and despreat to bring her back at any how.

Rest you can call me for any further query.

Jaspal S Maini(Adv)

9999987283 

Snavi   25 October 2017

Thanks for your valuable replies. Can my son file a divorce? Is there any danger if he initiate the divorce?

Jaspal singh (practicing lawyer)     25 October 2017

No there is no harm or danger in filling divorce case..it will also give shelter to your son till some extent  from others litigations too if you approched the court first.

Regards

Jaspal S Maini(Adv)

9999987283

Dr. Atul [9013898936] (Lawyer, Scholar)     26 October 2017

Respectfully, I disagree with Jaspal ji. 

Danger is a strong word; I'd rather use repercussions or reaction. When you file a divorce, be prepared for a reaction from her. It is likely that once you file for divorce, the lady may file a complaint alleging cruelty meted out to her for dowry demand (Section 498A IPC) and domestic violence (Domestic Violence Act). However, that apprehension of reaction should not be a reason to continue an emotionally abusive relationship. I mean emotionally abusive in a more general sense of ordinary English usage rather than legal sense: tormenting the son, tormenting  the parents and maybe tormenting even the lady herself, for whoever's fault. If the relationship canot continue, better to end it.

Having said that, be very sure that the couple really wants to end it all. Second marriage for both the spouses MIGHT mean emotional baggage carried over from the past. Honestly try a professional marriage counselor psychologist if there are any feelings on either side. If and when you do that, let the record of the psychologist say that the couple are living separately; I don't want to taint or sow the seeds of suspicion in an honest effort of counselling but the counselling record should not wrongly reflect that the couple are together.

Besides that, try to establish, in addition to the recorded phone calls, that the lady is not living with you. Like I said in my previous post, no lawyers' drafted action.

And then, since you ordinarily cannot file for divorce before completion of one year of marriage, maybe file a Petition seeking restitution of conjugal rights (RCR). Honestly, I feel RCR is crap and can never save a broken relationship. But it would create that outer limit when the daughter-in-law is not living with parents, on Court record, so no unfair or false allegations can be made against them after that period. Which makes it important that you cover the period before that with evidence that she is not with you; you'd know better how to do it on your own facts.

Good luck.

Snavi   26 October 2017

Thank you all for your responses.

Jaspal singh (practicing lawyer)     26 October 2017

Dear Atul ji, kindly read my words once carefully, i used to say it may protect you till some extent beacuse who has approched the court first always be seems prima facia Victim and i did not deny with your opinion too that she will also revert in same manner as u said I.e 498 A //D.V/  maintenance etc . often we have seen in our daily practise that women are using these tools and it also amount to cruelty and various decisions has been given by high court as well as Apex court in same circumstances.

If women has that much tools to harras the spouse /Husband  it does not mean that we should not move for legal proceedings just beacuse she will revert and will harras surely in false cases. 

Regards

Jaspal S Maini(Adv)

9999987283

Adv Radhika Mehta (Advocate)     27 October 2017

Your son cannot, under exceptional circumstances, file for Divorce before one year of the marriage.  However, if he is able to land his hands on some proof regarding her which was concealed by her prior to marriage, he can, however, file for Nullity on the ground of misrepresentation/ fraud.

As such there is no precaution which you can take except building proof via emails/ whatsapp, as rightly advised hereinabove.  


(Guest)

Disagree with misleading statements made by brethren advocates.

Snavi,

Divorce can be filed the very next moment after marriage.  There is on bar to it.

Nor there is mandatory waiting period of completion of 1 year to file for divorce.

To file for divorce and get divorce what you need is a honest lawyer who can file your case in court of law and get you divorce.

Rest of talks are bol bacchan.

2 Like

Snavi   13 November 2017

Thanks all for your valuable replies. Now it's being more than 2 months that she left home to stay with her mother. Inspite of our continuous trying she is not ready to come back and even stopped contacting us. What action should we take in this situation. My husband is 75 years old. Few days back he went to stay with our son for some days. Can they file any case against him? We are really in trauma because there motives are not clear to us. Till now they havn't filed any case against my son but they are  also not showing any interest to resolve the problems (if there any). Please suggest.

Arif Iqbal (Advocate)     13 November 2017

If possible, involve your neighbours, relatives (from both sides) to resolve the matter. For example if you go to her residence for convince her to return back, then also take some of your relatives ... with you. In the event of any future litigation, at least these guys may give evidence on your behalf. 

More over you can always file petition for RCR. In the event of disobeyance of the RCR order, if any, then you can safely go for divorce.


(Guest)
Originally posted by : Snavi
Hello Everyone,

My son had a mutual divorce 3 years back. Recently he decided to get married again. He met a girl who was also a divorcee thorough a matrimonial site. In this July he got married to her but after marriage he realized that he has done a big mistake. The girl is not normal. She always uses abusive words. Moreover she prefers to stay with her widowed mother instead of staying with her newly married husband. In this 3 months of marriage she hardly stayed 10 days with my son. Now we are requesting her to comeback but she is not ready to listen to anybody always giving petty allegations. We are recording her calls. We are completely in darkness what to do. My question is, Is it dangerous for my son to file a divorce case? How long he has to wait for her to file the divorce case. Can we produce the recording in court in case she files 498a (we have no clue about what she wants)? Please help.

Regards

Snavi

 

I think I already replied to this query sometime back.


(Guest)
Originally posted by : Snavi
Thanks all for your valuable replies. Now it's being more than 2 months that she left home to stay with her mother. Inspite of our continuous trying she is not ready to come back and even stopped contacting us. What action should we take in this situation. My husband is 75 years old. Few days back he went to stay with our son for some days. Can they file any case against him? We are really in trauma because there motives are not clear to us. Till now they havn't filed any case against my son but they are  also not showing any interest to resolve the problems (if there any). Please suggest.

So you are mother of the great divorcee.  If you had given 2 - 2 time to time to your son and taught him to adjust and told him what marriedlife is, then he would not have got divorced 1st time.

1st time divorced ok.   but neither of you did learn any lesson from debacle 1.

Marriage 2 is bigger debacle than marriage 1.

why?

Answer lies in you people only, you your son and your husband.  these are the culprits.

Take 2.

Marrying divorcee girl is big headache, that does not mean that marrying fresh girl is not headache.  marrying fresh girl is  bigger headache than marrying divorcee girl. 

Annulled and widowed have their own set of headaches.

After once divorced, marriage second time dont look good.  it is just formality if you do it.

divorce second time looks like big joke.

Some of them scholars (supposedly) have adviced you sh*t already.

 

Now if boy and girl are not ready to mingle and jingle what can you budda buddi do?

I somehow felt that your boy is incapable of handling married life.  With dad who is 75 years, he wants mother to get advice for him?

Marriage life is unending adjustment.

Family courts are joke centers, who neither help husband or wife or their children.  If they were to adjust with each other why would we even neeed family courts?

If you want to get divorce, I can guide you.  But how many times your son will apply for divorce?  how many times will he re-marry? think think think.

 


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