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Julian Mantle (IT Professional)     29 June 2009

Is my Case Worth?

Hello,

I have filed for Divorce in Sept 2007, due to mental harassement from my wife. I have mentioned all incidents , that I faced in the attached file. Please read it and adivice me.  I am paying Rs5000.00 as child maintainence.

Thank You

 

 



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 4 Replies

Rajesh Kumar (Advocate)     29 June 2009

As your wife is a Central Government employee, she will not be able to make false allegation of dowry giving (offence under Conduct Rules), great receipt of gifts at the time of marriage (need intimation of any receipt of more than 5000/-) etc. She is not filing any case against you because I feel that she does not want divorce and keep you have a husband as a matter of future security. Many women does that. They feel that they may not be able to get married in future (you cant really fool the men twice), and hence do not move for divorce.

Keep on paying maintenance to your daughter. Try to forget her. Forgetting such women is the best way. If you are not looking for second marriage, you dont need divorce, no point moving for it. In case of earning women, many a time the inlaws are interested in breaking up the marrige so that they can enjoy the women's earning. Look at the issue on this angle too.

 

Rajesh Kumar (Advocate)     29 June 2009

As far as merit in your divorce case is concerned, I dont think your will get divorce on the petition. Yes, if your wife refuse to contest the case (sometime it happens in matrimonial cases when a party after giving appearance refuse to contest a case), you may get divorce.

1 Like

Julian Mantle (IT Professional)     29 June 2009

Thank You Rajesh Kumar for your advice.But Can you tell me in detail, why my petition will be dimissed? Also, is there a way to increase the possibility geting divorce?

Another question.

If I withdraw the case, do I still have to pay monthly maintainance ?

Thanks.

Julian

 

 

Rajesh Kumar (Advocate)     29 June 2009

Are u paying maintenance under court order or voluntarily? If it is under court order, you have to pay it even when you withdraw the divorce case.

I didnt examine your case/evidences in very detail, hence difficult to tell whether you will get divorce or not. On a very cursory reading of the case, it occured to me that the case is not fit for divorce.

It is very difficult for a man to get divorce in a contested case. You are prove any of the ingredients- adultery, cruelty, desertation. Yes, cruelty towards the parents/grandparents etc. can be proved easily. They can give evidence and I am sure they will not be bogged down in cross examination. Sound proof of this cruelty along with cruelty towards husband, may convince the court to give divorce.

 


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