Originally posted by : Mahesh Solanki
Can see post from contrbutors reacting on my decision....first try to understand under what conditions i have been thru all days with my husband. I cant spoil my life with adjusting for one or two year then go for divorce.If my husband is a divorcee then i will also be a divorcee i know this very well. When a marriage proposal comes to a girl the family members give their opinions looking at security not at person. There is no point of carrying the burden of dead relation. My husband knows what he is done & what i am doing . I came to this forum to get help for my condition not to entertain people who are living their own thought process. I would like to see some mature replies on my request which can help me. Some people have post pathetic comments i dont know why they have been added as contributor if they cant understand condition out of their own thnking box.
I advice you only because I see that you are clear in your mind of what you want from life. I have seen many a couple not even knowing what they want from life and from each other, hence the advice!
YOu could use the following steps to get divorce from your husband and also the belongings jwellery etc:
1. File directly divorce on basis of incompatibility with husband, just on basis of incompatibility court wont give divorce, so you may as well add in complaints regarding your inlaws etc if any.
2. File false case against your husband and inlaws namely the 498a, when the FIR is about to be filed, tell husband, you dont want all these cases to be actually filed, and that to just give consent for MCD, see if he agrees to it, usually husbands will agree, but make it a point to tell that he return all your valuables, get eveything in writing, and file the same in family court when applying for MCD.
3. Suppose if husband wont agree and is ready to fight it out, put one more case on him and his family members, namely the DV act case, making new allegations this time around. Here too you can use the pressure tactic, tell him that I will withdraw both 498a and DV case if he agrees to give MCD. If he is adamant and wont budge, you can do as follows.
4. Next you can file a 125crpc and claim heavy maintenance, here to if the husband is not able to pay, tell that you are ready for divorce and dont want money, just ask him to sign on the dotted line for divorce. Even now if the hsuband is willing to fight it out and not give MCD to you, you can then approach the high court, where again conciliation and mediation will happen, the court looking at the lenght of time and allegations made by you in different cases against your husband his family members woud suggest your husband to let go of such a relation.
And there is no particular time limit for the above to happen.