Request: to advice on my divorce

@ Author,

1. Right now the question here is not of strength / weaknesses. The question in today's times is does your husband also wants / agree for divorce? Another question is that is divorce the right way in or out based on limited inputs mentioned in your brief which are not so rosy as to get plain divorce easily? 

2. The brief smells more about incompatibility between spouses than a irretrievable marriage!

3. If he is also in the opinion to move ahead then best would be to file divorce under mutual consent. The child custody will remain with you due to age and visitation (bze he is natural father) could be arranged for him as per mutually agreed terms and conditions. The flat needs another co-applicant name and or continued under sole applicant by removing his name wby meeting small penalty (check with bankers about their clause). As far as his share of the flat is concerned (as you say he paid something uptil now) then that can be adjusted with alimony and or towards child maintenance/support!

4. Feel / probe what he agrees to. Plain reading your brief if a plain divorce under cruelties and or (alleged) desertion grounds applied for then it may not bring desired results. Also just filing a plain divorce takes longer time wise compared to Mutual Consent Divorce.

Hello Mr. Rakheja:

Thank you for taking time out and responding to my request.

Firstly, the reason I want to know my stand in the case is because I would be deciding accordingly.

Secondly, whether my hubby agrees to it or not I can't be sure of it because he never clearly communicates what he wants thereby playing smart. He needs an opportunity to blame me that 'I' opted for divorce. It was my decision and not his!  

Thirdly, as far as our marriage is concerned it has reached the irretrievable state long ago. It was me who kept going on hoping that things will improve for better but only to realize it is getting from bad to worse and now it's worst. He has no respect for me. He has been torturing me mentally for a long time by his behaviors, words and attitude. He knows that I am very sensistive and has been taking the utmost advantage of it. He has made me horribly weep even during my pregnancy knowing that I am epileptic. He behaves as if he has no responsibility toward his wife and son. He knows I'll take care of things and hence, has been neglecting his responsibilties both as a husband and as a father. He prefers his sleep over his little son's ill health. Recently, my son was running down with fever and he was buzy sleeping until I went made him wake-up. This is where I come from!

I know he has decided to make my life hell because I'm not willing to live with his interferring and abusive parents. His own elder brothers and their wives do not stay with them because that's how his parents are. 

Mostly, it's me who has been financially contributing for everything. He wants to live luxuriously on my money. So, divorce might not be a smart decision for him! Thus, I can't wait for him to agree for a divorce. So, at this point I don't see we proceeding for a 'Mutual Consent Divorce'; though practically, I would have wanted it too.

So, now please guide me accordingly to proceed wisely in this case.

Thank you.

Regards,

Kavita

@ Kavita,

 

Your subsequent reply hints more of “irretrievable breakdown of your marriage.”

The facts as replied by you exists when either or both spouses no longer are able or willing to live with each other, thereby destroying their Husband and Wife relationship with no hope of resumption of spousal duties are seen.

However, the irretrievable breakdown of a marriage provides the ground for a “no-fault” divorce in many foreign jurisdictions and not yet made as a Law in Indian context where 'fault based divorce’ is more of the norm. If your side can prove 50:50 basic ‘faults' of your husband then the case is all yours.

Anyhow, be it so, if you have made up your mind then which Advocate will say no to a prospective client not to stand in queue for decree in divorce on “irretrievable breakdown of marriage grounds”. All that you need is a good petition writer supported by a reasonably good orator as your pleader in jurisdiction Court with a will for long innings to get decree in divorce on ‘irretrievable grounds' and same can be filed living under one roof with your husband. If I am asked about possibilities then this will eventually lead to covert divorce into that of Mutual Consent when case progresses post reconciliation efforts failure and when the matter hots up and say it may happen after 2-1/2 – 3 years time frame (conversion to MCD is what I mean)!

I have nothing more to add to your query as value additions, all the best and yes it is doable. Let matter go to in-chamber discussions and selection of Advocate stage!

Once again thank you Mr. Rakehja.

Dear Law Gurus could I find a few more valuable inputs to my situation.

Thank you.

Regards,

Kavita