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Vidyadhar1 (clerk)     28 August 2010

Procedure of getting a divorce...please advice,very urgent.

Hi Friends,

Its been more than a year that I am living separately from my wife. We rarely talk to each other, although she calls every 2-3 months.

We used to have lot of quarrels between us, most of them initiated by her. She also underwent an abortion without informing any of my family members about it.

Can you please tell me how can i apply for divorce, i have to contest this divorce as she will never agree for a mutual one.I have evidence against her and her parents that they threatened to harm me if i dont accept my wife when the question of contesting comes. My questions regarding divorce are as follows:

1: Can she forcefully enter my house with the help of Mahila welfare organisation to show that she is interested in living with me.If yes then how can i save myself from this situation.

2: If i file for a divorce, can she file a complain about me for dowry harrasment, which i never did.

3: After receiving the notice from court for divorce, if she tries to commit suicide stating that as i filed for divorce, it made her commit suicide, will I be arrested(although not living with her for more than 1 year).

4: How long is anticipatory bail valid for(fearing that she may file dowry case on me). Can i show this bail to police if they come to arrest me.

I have all the proofs to show how cruel my wife was towards me and my family and also threats that I receivied from her family when i did not accept to take her back. Do you think this much information is enough to make my case strong.Please don't ask me to compromise and start my life with her again as it cannot happen.

Your invaluable advice will help me a lot. Thanks in advance.

 

 

 



 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 August 2010

File for divorce on the ground of cruelty.

She can file  DV case and get residence order to live in your house. She can also file dowry harrassment cases if she wants.

1 Like

Gundlapallis (Advocate)     28 August 2010

Just filing of divorce petition resulted in suicide you will not be held responsible - dont worry.

Kiran (Consultant)     28 August 2010

From your posts it looks like you are worrying too much. An anticipatory bail once granted is valid till the disposal ( end) of the case. I would suggest you to wait for some more time so that a "Continuos period of 2 years seperation" is there and then file a divorce case on both Cruelty and Desertion.

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     29 August 2010

The reason stated by you, that she had under gone for abortion is a cruelty against you. She is also living separately. Hence you file for divorce on the ground Cruelty and desertion


(Guest)

try to get an evidence that she aborted without ur consent, it will help u a lot. u need to file divorce fast ortherwise u will be in big trouble.contact a honest expert lawyer soon.

1 Like

(Guest)

dont wait for 2 years.

1 Like

Vidyadhar1 (clerk)     31 August 2010

Hi swatirswatir : Can you please tell me why did you advice me to go for a divorce as fast as I can or else I will be in trouble. I mean is there any problem if divorce filing is delayed?

I have telephonic voice calls to prove that she went for abortion without letting me and my family know about it. Do you think it is enough as a proof.

 

Kindly Advise.


(Guest)

Only one advise from my side;


1. File Complaint case against non - consent Abortion against your wife and ask MM to give direction to cell company to freeze all call / sms details of eveidnce period (date / month). Now, sit back and enjoy her balck and white hue and cry....


 

1 Like

(Guest)

swatir was right in saying go fast as she can file false dowry/498a on u and ur family

Tajobsindia (Senior Partner )     26 September 2010

1. He advised bze laws takes sid eof agrieved person first !


2. Don't you think killing your child (abortion) was not act of cruelty to wait ideating when and why and how to file for divorce with just this ground?


3. The consent form for abortion needs to be signed by you or your side of the family if not then it was without your consent ! The Form is kept as record for 1 year as per MCI Rules by clinics after that it may not be availabvle hence evidence collection with witness statement is the most important part in any proceedings.


4. With abortion as 'fault plea" the DV case could also be dismissed as there are catena of decision.


5. If she tries to file 498a IPC the abortion evidence comes to get Ab / regular Bail and further in acquatal.


6.
Lawyers here will put one liner as their precious advise and rest you have to do magazmari.

Self service (None)     26 September 2010

Dude, You look having fear of every thing under sky.

Don't panic consult good lawyer and file for divorce and encounter every thing she is doing. If she files 498A you can file DP3 if she files for false complaints take help of local lawyer.

1 Like

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