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vs (na)     14 February 2010

seeking mutual divorce

i am one of the men who decided to marry a stupid women and i am facing the consequence of it.

i got married in jan 2008 my wife left me and went to her my in laws place in sep 2008 for delivery of my child from the time she married she was always looking to seprate me from my parents.we had lots of heated arguments till november 2008 i was visting her but after one fight she told me not to come and see her and see has also thretended of comitting sucide more then thrice. so i thought she would change as time goes by but the communication between both of us stopped in november 08 itself.my son was born in january 09.status i have gone to my wife's place with my friend and i saw that my kid is with the maid and she has been working from august 09 so when i enetered there house she & her parents were not there and i spent some time with the kid and gave the maid all that i got for my son and late afternoon i recieved a call from there local police station that there is complaint against me from my wife i went with my lawyer and reply was filled and any further proceedings will be handeled in the family court which was given by both me and my wife.

so i filled RCR with visiting rights in november 09 in jan10 it came along with visitation rights but my wife did not bring the child and the judge asked her to bring the child next time to the court but unfortunately the judge was on leave for the second hearing and i still dont have the visiting rights and 2 counseling sessions have gone and she is adament on divorce and the councilors this time told to decide.

now last week i recieved a notice from women cell asking me to appear in the station that my wife has filled a complaint against me and the constable who served the notice told me she wants her things back.

my question is when the RCR case is in trial can she file a case to return her things?

and if they insist that i need to give her things back then can i ask for my things to be given back?

if they donot give my things back what option i have?

How can i get the visiting rights fast bcz its now 2 months over after filling the same and why  the judge insisting on seeing the child.

If she does not bring the child to the court again how can i convince the judge for visiting rights?

What is the minimum time given for visiting rights

if she does not decide to agree for mutual divorce can i file a divorce and what is the maintenance i need to give for my kid as i know i dont need to pay her any alimony as she is working and she is the one who is asking for divorce?


 40 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

dear vs, it is not nice to use a bad proverb before a person publicly. i have full sympathy to you but please correct the same by withdrawing the first line of your posting.

whether she received the rcr notice? whether she submitted the ws of her?

in the police station you claim your articles by putting a list before the cell. and exchange your articles. inform cell about the rcr , also tell court's  order about the visitation right and how you deprived from it? give a written representation to cell showing all points of you. get sign on it by cell as receipt.

do not show any disrespect about your wife, at cell. it will go against you and will help her.

1 Like

Prakash (officer)     14 February 2010

If a husband beats his wife during a household fight.( a husband is beating only if she uses bad words).

Is this act, punishable if wife files a complaint, if punishable for how many months/yrs & is it bailable.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

a husband is beating only if she uses bad words - might be it is your's case. but sometimes other thing also happen.

Is this act, punishable if wife files a complaint, if punishable for how many months/yrs & is it bailable. - if filed under 498a - maximum 3 years. non bailable.

Subhalxmi (cxvcxbvcxbxc)     14 February 2010

But in case of mutual divorce, what is the procedure?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 February 2010

Mutual divorce can be obtained by filing a joint petition under section 13 of Hindu Marriage Act.

Subhalxmi (cxvcxbvcxbxc)     14 February 2010

Thank you sir, if man would like to propose the mutual divorce first, will it be a ground of dessertion?

vs (na)     15 February 2010


yes she has recieved the rcr notice and she has come to the family court now twice.

no she has not submitted any written statement.

thx for your advice.

what are the options left to me for getting the mutual divorce or is it better for me to fie divorce if i do so...how much maitenance i need to pay for my kid?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

Mr Subhalaxmi,  No. One copy of mutual divorce act sent to you as pm.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

mr vs,

wait for your rcr notice, if she already takes time, then persue at court for ws. there you will get a written reply of her complain.

For mutual divorce, you have to prepare her for divorce. because you both have to sign on it jointly. wait for a period. then again appear before the court jointly, and show your rigidity on mutual divorce. many times it fails for lack of the concent by one party. one copy of mutual divorce act sending you as pm.

vs (na)     16 February 2010


we have agreed to exchange items but she has not agreed for mutual divorce now can i apply for divorce and what can be the maintenance amount i need to pay for my child?

she is working and i think i dont need to pay any alimony for her since she is the one who is deserting me.

if she does not file a written statement can the oral statement taken and if councillers have concluded there is no chance of reconcilation and relationship has broken irreversabily then can that be taken to file a divorce?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

SHE MUST HAVE TO ANS of rcr. if she tried to avoid the court  it will be ex perty.  the end of rcr is divorce or joining matrimonial home. i guess you are talking with her lawyer; keep your rcr pending do not withdraw it, and try to establish direct contact with her;; convince her that the good for both of you is eiether reunion or mutual divorce; more court work means more expenditure; more harasment; more tension; " let us join our hands on a perticular issue that we will stop court work & whatever we will do, will do our own interest"- convince her in this manner for mutual divorce. i have experience that,  a few professional advocate push their case into a point of no return, for their monetary interest.. and the parties, who have already a experience of querrel, can not establish their normal talk. if required take help of common friend / well wisher.

1 Like

sanjeev zarbade (VP)     16 February 2010

Sir, i have been married for the past seven and half years and have a six year old son. However, over the past 4 years, we have been having verbal fights (never physical). We stay separately from my parents. I am well off in life and earnings a very handsome salary. Hence there is no financial problems. However, my wife does not let me even touch her and constantly reminds me that she does not like me and my parents. She is also trying to influence my son into dislinking me. Given this, i have lost motivation in job. I do not have any extra-marital affair cant say for sure about her. We are staying together and i am living in the hope that some day she will change and start looking at me and the marriage in a posiitve way.

Is divorce a feasible option in such a case?


Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

yes divorce is feasible. under sec 9, rcr petition may be right choice, on the ground that, though you are living together, but she dprived you from the s*x, which is in fact a desertation. she has to answer at court , whether your is correct or not.

the another procedure is, mutual divorce for which you both have to sign jointly in a petition. after a year you will get divorce.

some two other procedure is there. first you think for this.

is your marriage already broken? talk  to her, to know her view. very particularly about s*x. what is her condition to have s*x with you?

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