Richa (HR) 12 November 2012

Urgent - divorce help

The details: I have been married since more than 2 years and I want to take the contested divorce. My husband is not ready to give me the divorce.

The case is:

1. My husband is not ready for the divorce and my family is not supporting me.

2. We have been married but he is too doubtful and always asking for money.

3. I am a working professional and we don't have kids.

4. We still live in the same house but I am planning to change the house now.

Other Facts:

1. I was in love with a person but my parents were not agree due to inter cast, there was too much pressure on us and husband is aware of my ex partner.

2. Now ex partner is ready to accept me and we have taken a very thoughtful and firm decision to get back together.

3. My husband does not know that we are together now but I want to leave him so even I can live freely. I also do not want to hurt my ex partner.

The questions are:

1. The process and Required documents

2. Time duration and fees

3. How much time it takes to file divorce case.

4. Do we need to stay separate

5. I don't want any monetary benefits so can this help.

6. Is it possible to change contested type to mutual type if he agrees

7. What if he gets the audio call tapes from the telecom company and proves that I speak to him. (Do telecom companies do it)

8. Can he file Adultery if he gets to know about me and my ex partner

9. I really do not want my ex partner to get hurt by any mean, any tips to keep him safe?

I would appreciate you can help asap.

Thanks a lot.

Richa

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4 Replies

Sanjeev (Lawyer) 12 November 2012

unless your husband agrees for Mutual divorce you wont get divorce easily and it may take 7-8 years and still no guarantee that you will get it forget about the fees.

Ranee....... (NA) 12 November 2012

Originally posted by : Richa

The details: I have been married since more than 2 years and I want to take the contested divorce. My husband is not ready to give me the divorce.

The case is:

1. My husband is not ready for the divorce and my family is not supporting me.
of course...thats why they did not allow to marry your boyfriend as he is not upto the mark in their eyes.
2. We have been married but he is too doubtful and always asking for money. ..what money he is asking?..from your salary or dowry?

3. I am a working professional and we don't have kids.

4. We still live in the same house but I am planning to change the house now...because you don't love your husband

Other Facts:

1. I was in love with a person but my parents were not agree due to inter cast, there was too much pressure on us and husband is aware of my ex partner.
now you want to start with him a new life?

2. Now ex partner is ready to accept me and we have taken a very thoughtful and firm decision to get back together.

where was he when you married your present husband?.

3. My husband does not know that we are together now but I want to leave him so even I can live freely. I also do not want to hurt my ex partner.

don't spoil your life.Your ex partner is a coward..dont leave your husband who accepted you even after knowing your past.

The questions are:

1. The process and Required documents

2. Time duration and fees

3. How much time it takes to file divorce case.

4. Do we need to stay separate

5. I don't want any monetary benefits so can this help.

6. Is it possible to change contested type to mutual type if he agrees

7. What if he gets the audio call tapes from the telecom company and proves that I speak to him. (Do telecom companies do it)

8. Can he file Adultery if he gets to know about me and my ex partner

9. I really do not want my ex partner to get hurt by any mean, any tips to keep him safe?

I would appreciate you can help asap.

Thanks a lot.

Richa

this is a repeated query and well answered by experts before.

Chetan Joshi (Advisory/Advocacy) 12 November 2012

RICHA YOU'VE POSTED YOUR QUERY TWICE......

Richa....

I agree that One of the primary need is to engage a lawyer and a good one. I would suggest you to not take any abrupt decision since your case is not all about legality but it has to do with psycological dealings as well.....

No one can force you to stay with your husband if you do not wish to, the only consequence will be that your marriage with your beloved will be delayed till you get the Divorce....

Although I do not appreciate to what you did but at the same time I also understand the pressure that the parents create.. See if it can be worked out mutually...

I would like to to hear about your case update...

Regards

Chetan(dot)7679(at)gmail(dot)com

Rajesh Kulkarni (Advocate) 13 November 2012

Richa,

Not to get into sentimental issue…. But the whole story is like the husband is the one who has to file a divorce petition. As of legality goes the whole process will be for a long period, can also be a well contesting me…. Because

· Its not so easy to just get rid of one (I am particular about the process of law)

· If case is filed it will be too lasting

· If in the due course of this trial if your husband comes forward for mutual divorce then it can happen but YOU HAVE TO WAIVE ALL YOUR RIGHTS (I mean property rights if any, right of maintenance)

· As of your doubt for him filing or rather lodging a complaint for Adultery. YES HE HAS ALL RIGHT TO DO SO

· About point No. 7, if he proves that you are in relation with other then your pillar would be more stronger than before but may be YES your ex-partner might be in trouble..

It’s not that you are at the darker side but still as far as case is concerned it might not win the race early.