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Ravi Agarwal (Technical Lead)     23 May 2010

Need divorce help

Hi,


I am one of the mentally tortured person by my wife. We have been married for around 2.5 years and even noew we haven't felt anything like compatibility. We are both now decided not to live with each other, and also my wife has left to her parent's place now.

My question is should I take any action like anticipatory bail or should I just wait to see what does she and her parents do. I dont want to create any problems with police case and so, but I just want myself and my family's protection, because her parents can do anything and they always threaten me that they will file case on some false charges aganst me and my parents.

I just want to get separated, but also I dont want to give any maintainence fund to her, because its me who is sufferring from the torture, and after the divorce, I want a peaceful life without getting myself into bank loans for paying her maintainence. Also, if I have to pay, then what would be approx amount that I wll end up paying.

Also, since we both are mutually agreed to get divorce, what should be our next step. Anticipatory bail or Notice to her for mutual consent or both. What's the procedure for getting mutual consent divorce?

 

Thanks



Learning

 7 Replies

vikas mishra (ADVOCATE)     23 May 2010

Hi, ravi where do you stay if you stay in an around mumbai you can call me at my no. 9323501897


(Guest)

1. The first step is to lodge a simple Police Report in area PS of missing wife and take receipt of such report.
2. The second step is to send some money to her each month for her upkeep by hand written MO service,
3. There is no AB possible at this stage in your stated brief.
4. Collect evidences of mental torture meanwhile.
5. Keep the communication channel open with her n her side of family if MCD is planned.
6. There is no set formula on min./max/ maint. u will be asked to pay it all depends on variety of prime facie factors.
7. For MCD contact the Lawyers as per list in LCI and/or locally whichever is convenient. Ask her to co-operate in a joint petition for MCD with agreed terms and conditions of agreement. Get the MCD admitted and statements of both of you will be recorded. There is cooling period of minimum 6 months when both of you will be asked to come back to same court for second joint statement. If court is satisfied of true statements and sees incompatibility plugged with agreement statement fulfillment by both of you then pops a MCD decree. After 90 days of decree you are free to lead your own life.
 

1 Like

Bhupendra Soni (Lawyer)     23 May 2010

i can solve your problem with in 1 week contact no:- 09352414067  (Mr. Bhupendra Soni)

sangeeta mehrotra (conveyancing matrimonial counselling divorce matters)     25 May 2010

Dear Ravi

  • As your wife has already started living with her parents leaving her matrimonial home on her own, you should have filed a police complaint simply stating the facts leading to the impasse.
  • Had it been the case that both of you have already resolved the way to go about the divorce, it'd have been much easier to file a mutual consent divorce jointly. But in absence of any such understanding, to show your bonafides you can file petition for Restitution of Conjugal Rights.

Sangeeta Mehrotra

9899686031

1 Like

Ravi Agarwal (Technical Lead)     25 May 2010

Thanks everyone for all your helpful advices. So, I spoke to my local police station officer, after whose suggestion, I went to an Advocate to file an Anticipatory Bail. But before that, we filed an FIR stating that my wife has left my home and started to live with her parents. Currently, AB is still in process for which I am waiting for my own and my parent's safety. After this, will it be good idea to talk to her family for MCD? I didn't want to talk to MCD before I get AB as they might get provoked and file some false complaints against me and my family. Also, regarding Restitution of Conjugal Rights, I want to wait until I get AB for the same reason.

Though I am confused on how to initiate the process for MCD. Frankly speaking, both the families do not want any matter taken to court, reasons being very obvious, its a tiring and a very difficult job to fight against each other in court with both families sufferring. Still what should be our next step? Am I proceeding in right direction or any other suggestions, please?

Thanks a lot.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 June 2010

Well suggested by Mr. Prabhakar


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