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tired and exhausted (Production Manager)     01 June 2015

Need divorce no matter what

Hello People, 

Me and my wife are staying separated for 2yrs now. She left my house and went to her native and started working there... I went quite a few times to reconcile and get her back along with my parents. And my parents went few times on their own as well to convince her elders to send her back home. In feb this year her sister called and made demand of 15 lacs for MCD. We refused to pay this extortion and said let the court decide this. 

Since things were not working out I sent a legal notice in 2nd week of April this year and about a week back received a reply from her lawyer. My notice was simple and straight forward, in which my lawyer said since we are already staying separated for 2 yrs and things are not working out so lets ambicably finish this relation and get legally separated and we can carry on wth our lives. My notice was hardly 2 pages. 

Now when my lawyer got her lawyers reply... its a 6 pages reply which is nothing but lies... She has said thay we sent her home becoz we want dowry which is not the case as i belong to a good family and we dont believe in dowry system...specially when my ex wife doesnt have parents.. She has also blamed me of physical abuse and torture... She has said i would verbally/physically abuse her without any reason (I'm not a mentally retarded) yet again which is not the case... as i believe have i done what she is claiming i would have been in jail by now. She has also said one of her Uncle (Chacha) who stays in Delhi visited us many times and warned me etc etc and in reality we did call this uncle of her but he didnt care to respond and we were told to meet her other uncle (Tau ji) and since then we are interacting with her Tau ji and Tai ji and so far they have been very cooperative and also in agreement with us that we should finish this relation in amicable manner.. 

Apart from this she did attempt to have an affair with her ex boy friend who is abroad.. they exchanged few mails and messages on fb which were s*xual in nature and they did plan to meet but i got to know this.. when i confronted her she conffessed to her wrong doing and did message me admitting her wrong doings on whatsapp (Can i use this as evidence?). Now she has totally refused to have any contact with this guy and I'm the one who is spreading this as propaganda.. I have all the mails with me and can prove this in the court of law. 

To put it in nutshell she has blamed us for dowry/domestic violence, mental torture etc etc. and said we are intentionally maligning her reputation and has refused for MCD And demanded 5000/- for the lawyers reply and if at all we go on for divorce petition we will have to bare all the legal cost for the proceeding, 

My lawyer has said we will go ahead and file in a divorce petition at the earliest. Please advice/ suggest what should be our strategy to safe gaurd ourselves. My parents are really old and dont want them to suffer unnecessarily. 

Please advice me how do i get rid of her and lead a peaceful life... 

Thanks in advance..



Learning

 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2015

Living separately for 2 yrs is reasonable for opting for divorce when there is no chance of reconciliation from either side.Demands will be decided by the court and not individually.Legal replies are always similar and U need not bother.

Comming to her alleged affair,U can mention about that in the court only with valid evidences and U have to prove.

TGK REDDI (No designation)     01 June 2015

Dear TIRED AND EXHAUSTED saab

 

Kindly refer to your last sentence.

The only way to lead a peaceful life is that a boy or a man shouldn't marry or that he should take divorce.

saravanan s (legal advisor)     01 June 2015

since she is staying away for two years from you inspite of requests made by you to join the matrimonial home you can file divorce on the grounds of desertion and also on adultery as you have strong proofs for that too.she is not entitled for maintenance if you can prove adultery against her.file a case of contested divorce and fight the case on merits

Advocate Lovkesh Gupta (Divorce Court marriage criminal civil lawyer in jalandhar)     02 June 2015

file divorce

tired and exhausted (Production Manager)     04 June 2015

Thanks everyone... really appreciate your help...

JATINDER SINGH (maths master)     06 June 2015

My wife is also not living with me from more than two years and has shifted my city also and gone to her native surrounding but does not want to divorce and also not leaving her arrogance because she is govt. employee and destroying my life.total 7 years have already gone after our marriage. n ow i also want to file divorce but i fear from the fact that her foolish unsocial father will do something negative to peg a nail in coffin of her daughter's life 

SAINATH DEVALLA (LEGAL CONSULTANT)     06 June 2015

Jatinder,

please post UR query separately,don'tintrude here.


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