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santosh   20 September 2015

Want divorce ..long seperation..suggestions pls ?

hi...i am from mumbai....got married in 2011...wife went away from home on 2012..around march...by her own wish....his father also was threatining that he will file false 498a...even though we have not taken any dowry...so we kept quiet...and wife gone by making allegations that we have beaten her...her father came came here and taken her back...

we have not filed any case due to fear of false 498a from her side.....father in law looking to extort mony for divorce now....as we have tried to solve it by speaking to them as well..

 

in short ...there is no communication from me and mine wife for more than 2 years now.

i want divorce...is her family can file now as well false 498a..as seperation is more.

what should i do...pls suggest...any limit for filing 498a by her side ..?

 



Learning

 19 Replies

santosh   20 September 2015

wife is from u.p ..pls suggest...what to do .??

 

advocatepassy@gmail.com 971794 (Advocate)     20 September 2015

Why are you waiting. You should file a case against her as soon as possible to preempt any such nice from their side.

Sarmmarmbb (goi)     20 September 2015

just be in touch with a good lawyer immediately.  You can get rid of your estrange wife.  But if you still delay the matter on your part, you are sure going to put yourself and your family members in huge trouble in the days to come.  So, be fast don't further delay, my dear.

santosh   20 September 2015

ok...tks..due to fear of false 498a only...i have not done anything...as mine father is also a govt employee......ok...shall i file divorce ...or send her a notice..or file an rcr...i want a divorce....even wife is ready but due to her inlaws...it is not happening ..pls suggest...

santosh   20 September 2015

she left home on 2013..not 2012...typo error....

santosh   20 September 2015

how much time it takes to get a divorce...

Sarmmarmbb (goi)     20 September 2015

see firstly, never call her back home.

 But for your precaution just immedialtely be in patronage of  a good lawyer having both civil and criminal knowledge and do ensure that he must not only be money-minded only.  Because all picture can be in ur favour only if you are having good knwledgeable, experienced and true lawyer.

You can get divorce based on the Petition you (your lawyer) prepred for you incorporating all your facts faced by you and your family in the context of cruelty done by your wife.  and the most important thing, take a sheet of paper and pen, sit down with your parents and start noting down and recalling all the tortures, sufferings cause by your wife to you and to ur parents/family.  All incidents (remember put all datewise) and for winning the case, all should be genuine and should be having any documentary/electronic (audio,video,email,sms, voice recording), pics, should be there.  and for your knowledge always remember you have to file two three things in every case you file in court like in divorce too.  ALWAYS WRITE FACTS OF CRUELTY IN ALL SUCH TWO THREE THINGS (WHICH ARE UR PETITION, THEN UR WS, THEN REJOINDER, UR AFFIDVIT FOR EVIDENCE ,ETC.) , FOR TRUE CASE, ALL FACTS SHOULD BE REFLECTED IN ALL SUCH FILINGS, AND NEVER DO IF UR ONE ALLEGATION IS THERE IN UR PETITION AND UR NOT MENTIONG THE SAME IN UR WS OR ANYTHING, THAT SHOULD BE EVERYWHERE)... MEANS CONTRADICTION SHOULD NOT BE THERE IN UR CASE.  it will make ur case genuine and true.

best of luck

 

 

 

santosh   20 September 2015

tks...will do the same...i am having some evidences as well....can i be safeguarded against 498a after filing of divorce...is there any time limit...as i am afraid of this one...so, i kept quite for such long time...kindly revert

vishak (manager)     21 September 2015

after filing dvorce from our side, 498a if filed will be considered as counter case and will be weak one!

santosh   01 September 2016

Ok...till now I have not filed it as I was thinking to settle it by mutual understanding but her father is looking to extort money as she also wants a divorce....what to do now....no case has been filed till now from both side..?

whatnot   01 September 2016

 By law you have to prove animus deserendi (that is intention of separation). Deseration doesn't automatically allow for Divorce. That only proves factum of separation .

 

Filing case based on cruelty is technicality and they will counter that you did nothing to establish relationship.

 

Good that you have stayed away for 2 years.

 

If you're 100% sure that any case they put up will be false one (you by intentionally have not denied any pleasure that she seekd in the relationship) then let them file any case of their choice and you fight.

The legal way of separation will be

1) Send a notice. Wait for reply. 3 months.

2) File RCR. For this purpose , gt a rental home and send it from that address. This will establish clean break up part residential address.  More often than not they file cases at this juncture. You fight on its merit.

3) Once they file case, you move to file divorce basis of legal cruelty.

If they don't file, then win RCR either by exparte or by fighting.

 

Then invite her to your rental home. Wait for one year. Apply divorce for desertion and animus deserendi  will be establlished by court it self.

 

Win the case. and decree. Wait for 6 months. Off you go for next part  in your life.

 

santosh   01 September 2016

Ok...If I file straight divorce due to seperation..then how much maintenance I need to pay ?..what are factors for it

sai narayana   02 September 2016

Alimony and maintenance depends on your official income and properties on your name and any other assets you have, in the knowledge in of your wife.

Do remember that who ever may obtain divorce either you or your wife but you are supposed to pay alimony except the said divorce is on adultery grounds (or) you are able to prove her source of income more than 50% of your salary. If the both alternatives are not available to you then the best option is bargain the package and go for MCD instead of roaming around courts.

santosh   19 September 2016

Ok...now Wife ready for mutual divorce on certain amount ..is it now better to file a divorce petition and take ex parte divorce..as she might not come for the proceedings .....can Ex parte divorce can be challenged later.....Which is better , exparte or mutual consent divorce...

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