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Anil Kumar Gupta   12 October 2016

Mutual divorce or divorce through court

I got married in 2006.  I have done a simple marriage. In 2013, I had a small altercation with my wife and since then she had refused to talk to me, socialize with me.  We are living in same house but in different rooms (not fulfilling the basic needs of marriage).  This year 2016 she started demanding divorce from me.  I have one child, 8 years.  She is demanding custody of the child and threatens me that in case I refuse she will kill the child. Now she is creating small issues big one, abusing my parents and does not allow my child to meet them or me.  When I agreed that okay we go for mutual divorce she is demanding hugh amount for separation. Also on the top of that she is demanding maintenance for my child. She has been working and earning good. Now she herself has voluntary broken the marriage, then after 2-3 years started demanding divorce and now she is asking hugh amount plus maintenance of a child, please guide me



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 15 Replies

Sachin (N.A)     12 October 2016

What do you want to know ?????

You only have 3 options

1. Resolve the dispute and stay together.

2. Mutually decide the terms and condition of Divorce.

3. Let her file the case and fight the case on merits 

sai narayana   12 October 2016

Ask the custody of child if you are really interested else you have to pay for children's sake.

Anil Kumar Gupta   12 October 2016

I have tried multiple times to resolve the dispute, but that ends in dispute only as she doesn ot want to talk to me. With regard to terms and conditions she is demanding huge amount which is again not feasible for me to pay. 

I simply want to know what options I have.  In case she continue to live like this and does not file the case for divorce then alternatively can I file the case for divorce with custody of a child

With regard to custody of child I have no issue in taking custody of a child

whatnot   12 October 2016

If realtionship is soured, then first stike is the best strike.

 

 

You may have to mentally prepare and plan all moves.

 

First step. Be a man. Unless you have mistreated you have nothing to fear but the fear itself. If you have treated her badly or have taken dowry, then you are already sold your soul. So no point in retieving same. Adjust and live.. Consider this is your fate.

 

Second step. If you're provided all facilities to best of your abilities, then start collecting evidence. Not recording and stuff like that. Which is good . But illegal. Bring up relatives and family friends. Discuss. Until cows come home.. Show all sundry that she is resisting to be in relationship.

 

If house is in play or money in play. Do nothing. By the time she fights for the same, youboth will be old. Never let or leave home at her supervision. Subtlity is name of game.

 

If she ever leaves home, Change the lock.

 

Be prepared to fight. But bring to table something she could be comfortable. Money. It all boils down to this. Start funding . It will help either to pay lawyer fee or pay her off.

 

If threat is on child record same. Bring NGO. Send the kid to foster care. File a case.  You can always go and claim custody..

 

Law works only if you make it work...

 

Law is not your agony aunt. Can't cry over its shoulder for your own short coming. You can only seek justice only if you have been deprived of same. But you need to prove depreievity in the court of law.. ANd that my frined is where all fail.

 

 

 

 

Sachin (N.A)     12 October 2016

Whatever you do but never file any case when you both are residing in same house , if you want to file the case let her first move to other place.

What is the status of your house is it selfowned or rental

Anil Kumar Gupta   12 October 2016

I reside in parental accomodation which is self owned by them.  Can I leave the accomodation and move to rental

Anil Kumar Gupta   12 October 2016

Thanks WhatNot for valuable input.  I have hurt her, not even slapped her once in 10 years of relationship. I married in a very simply way without any dowry. 

Sachin (N.A)     12 October 2016

Originally posted by : Anil Kumar Gupta
I reside in parental accomodation which is self owned by them.  Can I leave the accomodation and move to rental

Why will you move???? Let her move to rental or her parental accomodation

if you move, she will keep you wandering around court for decades.

 

A walk alone (-)     12 October 2016

First leave your accommodation and move to rental. So that your parents will be save from cases. Try reconcile for future of child.but don't fulfill all her financial demands. If reconcile fail then keep silent and let her do first what she want. She may file cases on you but don't worry she can't do anything court need evidence to prove.one day when she got tired in roaming court she will come herself for MCD on your demands.

Anil Kumar Gupta   12 October 2016

Originally posted by : A walk alone
First leave your accommodation and move to rental. So that your parents will be save from cases. Try reconcile for future of child.but don't fulfill all her financial demands. If reconcile fail then keep silent and let her do first what she want. She may file cases on you but don't worry she can't do anything court need evidence to prove.one day when she got tired in roaming court she will come herself for MCD on your demands.

If tomorrow I leave the house what legally she can do, can she re-enter my parent accomodation.  Ultimately I will be moving to smaller accomodation and will be starting all together from scratch. Secondly how I can retain the  custody of child who is 8 years of age. She claims that she needs approx 20000 as maintenance for a child over and above MCD settlement which is approx 30 L

A walk alone (-)     12 October 2016

She can't enter if you are not living there. Legally she has only right to live with you. If you were not there she has no right on your parents property. You can apply for custody of child as child is above 5 years. Dnt go for financial settlement try negotiation. First let her do what she want. Till that decide yourself what you want. Wait one day she will herself come for MCD on your terms and conditions. If you don't want to live with her then after leaving house start living at that place where it's impossible for her to live with you. Start recording her demand or cruelty also it may help you if she file any case. As you say "She is demanding custody of the child and threatens me that in case I refuse she will kill the child. " record her threats it can help you in custody case. Court decide any case with evidence so start collecting evidence.

Anil Kumar Gupta   13 October 2016

First of all thank you all of your valuable input.  This has enlightened me immensely

My wife separated her financial matter since 2012-13. She is living with me but not sharing any expenditure.  I never demanded anything from her. Even earlier I was the one who used to do maximum spending in the household. Now after the discord she chose to withdraw from my social life completely and not maintaining any marital relations.  When I last had a talk with her she is demanding divorce and also all the salary income she has earned till date.  At present she is earning Rs 40,000/- plus in MNC.  My wife was not working when I married her.  It was me who encouraged her to start doing a job as she is well educated and now her ego has built up.  Obviously earlier she was earning much less.  Last time she was telling me that she was wanted to marry someone who is earning 4 or 5 times of her salary.  How the court will look at it before ordering divorce.  Do I need to pay her salary income if divorce is ordered?

Sachin (N.A)     13 October 2016

She is not entitled for any maintenaince.

you only need to pay approx 50% of child expenditure and rest 50% will be shared by your wife.

 

whatnot   13 October 2016

As I keep thumping we loose focus on subtility.

 

When relationship is osured, plenty can be done to aggravate without route of voilence. And all legally. One could make living day light scared.

 

What ticks her off? Play on it. Being nice and accoamadative is not helpful.

 

One shouldn't conspire against same person while living under same shelter. That is unconsitutional or in as they say Adharma in olden days.

 

You have all right to change the lock. And face music in the court.

 

Swift. Fast and best strike.

 

Send parents to piligramage and lock the house. Stay at some PG. for a month..Keep secuirty guard at home and refuse her entry.

 

Being meek isn't being gentleman.

 


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