Upgrad LLM

need advice


Learned members,

 

I came across this peculiar case these days want to know how such a case can be dealt in the eye of law.

 

There is a person X, widower married a year back to a lady Y divorcee, with a mutual understanding that Y should look after the kid of X’s first wife at the time of marriage. But the life went topsy turvy when Y conceived.

 

Y started torturing X in all terms possible for ex: Y neither wants X to look after the kid of first wife nor wants X to look after his parents. She needs a justification each and every penny spent on both his parents and kid. She went on telling something like she married X only to get pregnant and have kids not for a lifelong relationship with X. If at all X wants to have a lifelong relationship then X should abandon his relationship with his parents and kid.

 

She started creating havoc in the lives of all family members of X. X has yet to get married sibling, Y was getting all the contact numbers of all the prospective matches, calling them and telling that the sibling is not good, their family is not good and all such nonsense things. She also went to extent of insulting X friends and also insulting all the family members in others presence and what not. She has become a headache to their family. X got fed up of all the happenings and both spoke about divorce on the grounds that she disagreed to look after the first wife’s kid before the birth of baby. In the meanwhile Y gave birth to a baby girl. Both of them are living in the same house.

 

X does not want to stay with her at any cost since he fears that the relationships with his parents will be spoilt. Now he wants to get divorced and does not know how to proceed because he is unsure how determined Y is about getting divorce. I do not know if X has any evidence of the harassment Y gave him. He does not want to defame her nor he wants to get defamed. Also it’s only a year they got married, they got married in August

 

Y was earlier divorced with the same background, she fought with him and got divorced.

 

Need Advice on the following:

·         How should X proceed for a divorce in such a situation?

·         How many years will it take to get divorced from Y?

·         If at all it’s a mutual consent are there any chances Y can defame X?

·         Does X needs to pay any maintenance to Y and her baby? Y is employed by the way.

·         Will the divorce proceeding go without any damage to the X’s prestige? But he is very sure that life will not be peaceful with Y.

 

Please advice on above doubts

 

Thanks in Advance

Tejat

 
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Please try to collect the old case numner/ documents before proceeding further . Consult local advocate who will guide

 
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propra

Lady Y a divorcee! And guy X is a widower!!    Guy X who has issues out of first marriage marries to lady Y who doesn't have any issue from prev marriage!!!

 

 

 

 

Lady Y is already been through this ordeal but on the other better equipped also.  Also remember that it's X's version of the picture. 

 

A person like Y, who has got issue from second marriage, would be ready to carry the stigma of divorce for the second time? or Y wud indulge into such activity which would bring her to such a scenario again? A bit difficult to buy it.

 

 

X can't encash on 'previous track record' of Y, as if she lacks credibility!!

 

 

That's why 'Background check' is a well proven tradition!!

 

X married to Y means that he had understood the whole case of her first divorce!! and was convinced that Y was a 'true victim' and not the 'guilty party' in her pervious marriage dispute.

 

The questions suggest the line of thinking by X. 

        ·         If at all it’s a mutual consent are there any chances Y can defame X?

·         Does X needs to pay any maintenance to Y and her baby? (baby girl belongs to both of them !!) Y is employed by the way.

·         Will the divorce proceeding go without any damage to the X’s prestige? But he is very sure that life will not be peaceful with Y.


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learning law

if above is true y needs psycological counselling.

collect old case no.              +     evidence of torture to x

file divorce on mental cruelty without delay.

where is y employed?

in divorce case defAMation is a must. so x has to be prepared for that.

 
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Thanks for replies friends

@Jamai: Guy X who has issues out of first marriage marries to lady Y who doesn't have any issue from prev marriage!!!

Lady Y who has issues out of first marriage marries to Guy X who doesn't have any issue from prev marriage!!!

Y was a divorcee who was not the victim of the previous marriage she made the other person victim.

Bad Luck of X is he did not enquire about her, believed her blindly thinking that all the promises made before marriage will fulfilled after marriage. Also X did not have any issues out of first marriage the wife was very nice but she died of Dengue after the kid's birth. Neither he enquired nor allow anyone to enquire about her before marriage. That was a very wrong step.

 
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propra

In legal terms, the meaning of "issues" means.......... legitimate and illegitimate children born out of marriage.

 

Bad luck for X. But pity on Mrs Y also..........

 

But now he has a kid from first marriage as well as a daughter from the second marriage...right!! Mr X has to take the responsibility of both the kids!

 

Mr X is apprently running away from his responsibility.

 

Mr X cudn't think to raise his first kid, from his deceased wife, alone........... and hence got married to Y......................... And now he is expecting that.......................................... the second wife shud raise the second kid (daughter) borned out of the (second) marriage on her own!!

 

Women suffer more in divorce,

 

Mr X is a symbolic of male mentality (which is not a surprise)and  just worry about prestige and defamation and money!!

 


Total likes : 1 times

 
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@@ Jamai: Mr X is not running away from responsibility. He had married her with sincere commitment.

But to be brutally frank its was Mrs Y who is just ruining her life also Mr X's. He cared for her a lot inturn she made develop animosity by her ruining acts, creating to damage to his parents and sister's lives for no reason as explained in the case.

He never objected for her pregnancy thinking that she will be a mother to both, but she liked to be step mother to the first kid, also Y's parents support this decision of hers. X very well knows that an other lady cannot be a mother to his first kid, he did not expect that Y will ask him to abandon first kid. He was just broken. Initially he tried to convince her a lot that but she was stubborn about her decision. He also likes to take the responsibility of the daughter too but the other party is not interested.

 

As such Y is also interested in divorce but want to know how law deals with these questions of mine

·         How should X proceed for a divorce in such a situation?

·         How many years will it take to get divorced from Y?

·         If at all it’s a mutual consent are there any chances Y can defame X?

·         Does X needs to pay any maintenance to Y and her baby? Y is employed by the way.

·         Will the divorce proceeding go without any damage to the X’s prestige? But he is very sure that life will not be peaceful with Y.

 
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