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VICTIM 111210 (Middle Management)     24 July 2013

Need advise on matrimonial problem

Hi, I got married in Dec'2010 in MP, it was an arrange marriage. I belong to Faridabad. Since my marriage there has been no understanding b/w myself & my wife...we have been continuously having fights/arguments. My wife is ill tempered and impatient. She has left home many a times after our fights. We both have problems with each other.. She has problem with my parents as well. I also have issues with her attitude, arguments and constant instigation and investigation that she does on me. According to her she is always right and I am always wrong. I have tried many a times to resolve things with all the calming efforts. But her parents are less supporting. After marriage I got posted at Bhopal and till 21st June 2012. Post this I have got shifted to Kolkata and she has gone back to her home town i.e. MP, Jabalpur. Since last 1 month we are not staying together and the relationship has come to a stage where I feel we should not stay together and get separated. We didn't have any physical relation from last 1.5 years as the mental torture was so high that planning family was a big question mark. We at present don't have any KIDS as well. I had spoken to local lawyer at Kolkata, who in-turn suggested for AB which I have filed for. 1. I would like to understand where do I need to file divorce case at, Bhopal/Kolkata or the place we got married at i.e. Jabalpur? 2. Will this AB help me in case my wife/her family files for 498a/DV against me? 3. What is the procedure of having mutual settlement and getting divorce? 4. What approximate amount should be negotiated with my wife's family for a settlement and who should initiate the talks? 5. Should I file for Divorce 1st? Thanks


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 5 Replies

VICTIM 111210 (Middle Management)     24 July 2013

Hi All, One correction, I got shifted to Kolkata in June 2013. Since June 2013 we are not staying together i.e. around 1 month. pls advise...

shriks........... (healyhcare)     24 July 2013

any of coomon friend or elder should initiate 1st.......doesnt matter who.......
try setelling amicably through conselliation, if not the legal way is always there.....but .....time consuming and lengthy

VICTIM 111210 (Middle Management)     24 July 2013

Hi, can you advise on below questions as well pls: 1. I would like to understand where do I need to file divorce case at, Bhopal/Kolkata or the place we got married at i.e. Jabalpur? 2. Will this AB help me in case my wife/her family files for 498a/DV against me? 3. What is the procedure of having mutual settlement and getting divorce? 4. What approximate amount should be negotiated with my wife's family for a settlement and who should initiate the talks? 5. Should I file for Divorce 1st?

NGOKC (pm)     25 July 2013

Hi ,

Its strange that your lawyer asked you to go for AB although your wife has not filed any complaint so far.

1) AB will get struck down in absence of a complaint and you will have to re-file it when wife puts in a complaint

2) @Need Justice, Since Victim is a resident of Kolkatta currently , id tommorow there is a case , he can apply for AB or transient Bail & it will be valid throughout the country

3) try discussing matters with them using family for mutual divorce , DO NOT FILE OR THREATEN TO FILE DIVORCE case without discussing mutual case first you will unnecessarily get stuck in cases

4) You have been separated only for one month, minimum separation period is one year to get divorce

5) go with open mind including reconcilliation, sometime sense can prevail.

6) Money is subjective depending on whether she is working or non-working

 

NGOKC (pm)     25 July 2013

Hi ,

Its strange that your lawyer asked you to go for AB although your wife has not filed any complaint so far.

1) AB will get struck down in absence of a complaint and you will have to re-file it when wife puts in a complaint

2) @Need Justice, Since Victim is a resident of Kolkatta currently , id tommorow there is a case , he can apply for AB or transient Bail & it will be valid throughout the country

3) try discussing matters with them using family for mutual divorce , DO NOT FILE OR THREATEN TO FILE DIVORCE case without discussing mutual case first you will unnecessarily get stuck in cases

4) You have been separated only for one month, minimum separation period is one year to get divorce

5) go with open mind including reconcilliation, sometime sense can prevail.

6) Money is subjective depending on whether she is working or non-working


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