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Ship (consulatnt)     11 July 2012

Is this a valid reason for divorce?

Hi,

I got married in 2008. We have 3 years old daughter now.

In 2008 I was convinced by my father to get into an arranged marriage with my current husband even when I was in love with another guy.

Here are the reasons why I am looking for divorce now:

Since 2008 we have stayed more apart than together as his job's nature takes him to different countries for work. During my pregnancy, he was with me for only 1 trimester.

I have never felt a sense of belonging and love with him. I have been taking my child for all vaccinations, schooling and relocating to the new house on my own. He calls me but never present physically to support me.

There is no physical intimacy between us. I feel mentally and emotionally drained when I am with him. The marriage is suffocating me. Please let me know if I can file for a divorce on these grounds.

Thanks.



Learning

 13 Replies

Tajobsindia (Senior Partner )     11 July 2012

@ Author,

1. Plain reading the marriage seems to be dead for all its practical purposes!


2
. BUT that is not enough given to see buoyant Laws of the land.


3
. See / feel his pulse if facts can go “Mutual Consent Divorce” way and/or as “judicial separation” terms. Both / either options are quicker in presented brief facts as better alternate to just a plain vanilla divorce civil suit which with time turns into contested one and precious youth of parties gets wasted sightseeing Courts.


BTW, ever thought to sit with an seasoned Advocate locally to iron out long term just remedies?

dr.pawan rajyan (member and secretory)     11 July 2012

mutual consent divorce is best option.regards


(Guest)

The marriage seems to have broken down irretrievably, which is not ground for divorce in India. With the exception of the Supreme Court, no court in the country can grant a divorce on the ground of irretrievable breakdown of marriage. Hence, the only way out in your case is a mutual divorce. 

1 Like

R.K Nanda (Advocate)     11 July 2012

Yes, u can file divorce petition on the dround of mental creulty in family court as ur marriage is dead like a stone.

If ur husband agree for mutaual consent divorce then go for it.

Ship (consulatnt)     11 July 2012

Thanks all for your reply.

As per my understanding, in case of mutual consent divorse the custody of the daughter remains with the monther as she is under 5. Is this correct ?

We also have purchased some property within these 4 years. How is that divided between the two of us after divorce? Does this depend on mutual consent ?


Thanks & Regards.

Ship (consulatnt)     11 July 2012

Thanks all for your reply.

As per my understanding, in case of mutual consent divorse the custody of the daughter remains with the monther as she is under 5. Is this correct ?

We also have purchased some property within these 4 years. How is that divided between the two of us after divorce? Does this depend on mutual consent ?


Thanks & Regards.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 July 2012

Everything in a mutual consent divorce is flexible. You are the best judge of all the terms and conditions and what you get depends on your bargaining capacity. 

1 Like

aditya vadali (LAWYER)     11 July 2012

COnvince him get get seperated through mutual consent Divorce. 

Good Luck.

Advocate Bhartesh goyal (advocate)     11 July 2012

you can get easily divorce on the ground of mutual consent.For devision of property settle the terms and conditions.

rajiv_lodha (zz)     12 July 2012

Custody matter, Property, Assests, Alimony.............all these can be decided upon in MCD draft. U both work on these topics one by one.

No point litigating the issues for endless times in courts

Rahul Sharma (Others)     12 July 2012

Strange, no one is looking into amicably settle out the situation and everyone is suggesting for divorce. Have u ever tried talking to your husband to fill the gap. I don't think so its a right move, if just look at above facts.
1 Like

Zeeshan (Hidden)     13 July 2012

Yes, I also advice to please talk with your husband first. MAy be he also has some problem with you. Please think of your child. What you do after divorce ? Re marriage ? Are you sure second one is Mr. Perfect ? The world is full of cheap , selfish and fraud people. Either male or female. Please also try to find good things in your husband. 

 

 

 

 

There are man who beat there wife, and wise versa also. Cool your mind. Do not think so legally. 


(Guest)

Your husband living outside due to earning live hood, He is earning for you and your child,  As per you he is living out of country due to his job nature.

Poliety talk to him, and try to settel your matrimonial life.


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