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kazumi makwana (dentist)     20 February 2015

Want divorce advice

Hi m 23yr old female....dentist married to plastic surgeon since 1yr....hez has physically haressed me twice.....said bad about my parents....behaved with them rudely when they had come  here...hez sadist type of person likes , me getting hurt for no reason...his mom encourages him evrytime n his father don't take any action just keeps telling me to keep quite..his father is also a docter...I have all the proofs of what he and his mom has done to me...i have luckily convinced my father in law anyhow n came to my home with all my luggage.. I want divorce can anyone please tell me how should I proceed with the divorce ..I was mentally broken but with my family support m ok now..I don't want to go back into such place again....I come from medical family background...



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 7 Replies

SuperHero (Manager)     20 February 2015

Sorry to hear about your case.

1.      Coming from a Medical background, why do you think he is harassing you?

2.      Does he want Money or his behavior is like that?

3.      After divorce what do you want to do? Since you are at a very young age you want to get remarried. Think about this.

4.      You can file as many cases as you want such as 498a, DV and maintenance which will take years and years, where you will lose your valuable time, money, energy and health.

5.      Since you are a dentist and you left the matrimonial home on your will, you will not be entitled to alimony or maintenance.

 Think and Rethink and if you are sure about divorce. Then..... 

 

The best thing you can do is talk to your elders and relatives tell the story and show them the evidences. Make them understand you can’t take it anymore. Ask them to tell the same to other party. Then tell them I just want divorce by MCD. (In 6 months both are free), if both parties agree then it is a cake walk.

Live with dignity, self respect.....

saravanan s (legal advisor)     21 February 2015

convince your husband for mcd but it will take a year and not six months

Adv. Chandrasekhar (Advocate)     21 February 2015

1.  You send a divorce  notice.

2.  After 15 days file a divorce petition in the family court where you are staying now and not from the place where you were staying earlier with your husband.  The ground of divorce is physical and mental cruelty.

3.  Once notice is served, your husband appears in the court and the first two to three dates are for mediation / conciliation.  In your case, conciliation is next to impossible as he is suffering from psychological aberrations like sadism.  So, there try to ask him to give mutual consent divorce(MCD).  If he agrees, the matter can be over within six months and you will get divorce and be free.

4.  If he does not ready for MCD,  then the case will be reverted to court from conciliation.  There you contest the case.  After proving your contentions before the court, which would take between two to three years, you will get divorce decree.

If you have any further queries, you can call me on 9868332610 between 5 PM to 6 PM. 

Amit Bajotra (PROPRIETOR)     21 February 2015

try for Mutual consent divorce u/s 13(b) of hma which can be applied after the one year period from wedding and takes 6 months for the dissolution. 

SuperHero (Manager)     21 February 2015

https://www.legalserviceindia.com/helpline/mutual_consent_divorce.htm

What is Divorce by Mutual Consent?

 

Section 13B of the HMA Act 1955 provides for divorce by mutual consent.(period of separation is 1 year)
Section 28 of the Special marriage Act, 1954 provides for divorce by mutual consent.
Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years)

The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

Under these circumstances a Divorce by Mutual consent can be filed.

Advantages of mutual divorce
Divorce By Mutual consent saves time, money and energy for both,
Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.

With the increasing no of Divorce application being filed and the demand for quick divorce has become growing demand, Mutual consent divorce is the best option.

What is Divorce by mutual consent?

Divorce By Mutual Consent is as the name suggests is when both parties ie husband and wife come to a mutual understanding that the marriage be dissolved amicably.

How does it work:
In all there are two court appearances in a mutual divorce
 Divorce in delhi First A joint petition signed by both parties is filed in court . 
 Divorce in delhi Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
 Divorce in delhi Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
 Divorce in delhi Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
 Divorce in delhiFinally Divorce decree will be granted as the Hon'ble Court may deem fit.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 February 2015

Dear, File a divorcee on the ground of cruelty and i am sure in the mean tine he will agree for MCD .... Kapil Chandna Adv 9899011450

kazumi makwana (dentist)     23 February 2015

KAPIL CHANDNA: if i file mcd will i get alimeny?? money is just not a matter what all i have been through i want justice.... SUPERHERO: n im a doctor i cn say that hez mentally sick...he needs a psychiastrist....evrytme he does assaultmnt says sry then aftr 2-3days its the same again.. AMIT BAJOTRA: i married to him since 1yr now..these ppl are vry scared of things going in public...afraid to loss reputation..i dnt mind either ways...my family is supportive.. ADV CHANDRESHEKHER:if i file a divorce petition how much tme it will take to come in process?? thnx all for ur advice

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