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Ashu Sharma (Manager)     23 December 2010

Want to get Divorce ASAP

 

HI,
 
I got married in Dec 2008 and we were not staying together since July 2009 then we thought is better to get separted but she was not agreed then i discussed with her about our future and she agreen upon but after a day she denied to go for mutual then i told my lawyer to file a case to get divorce and he suggested to me to go for Conjugel right (Section 9). He said if she didnt turn up then you will be in strong position to  get divorce. Hence, i filed a section 9 but before the hearing when she received the notice she came back to my home...however, she was not in a mood to stay with me...then i told my lawyer to withdraw the section 9 and file a divorce petition but infront of Judge he said the she came back and she is staying with me happily so we want to withdraw the case.
 
Then again she left my house and now i want to file a divorce petition but i cannot as desertion ground of 1 year is not there???
 
can someone help me how can i proceed rather then waiting for anotehr year???
 
Regards,


Learning

 11 Replies

manjit kalra (system eng)     23 December 2010

NOW DO NOT LET HER ENTER UR HOUSE AGAIN if dont want to stay with her.

actually divorce is a game of war of nerves. it has two formats

1. contested one : long time for delivery , time and financial renergy spent in moving to courts and alwyers.

dont show u are in hurry to get divorce. start a LIVIN relation , for how to avoid detectives consult a advocate to create film drama scene .she will automatically give divorce and pay to you 30 lacs instead to get rid of u. dont let her in as u will face 498a and dv act . once she knows u are enjoying ur life without her she will agree for a

2. Mutual Consent Divorce : this she will agree once she knows she cannot harass u by fake criminal cases and also wen u are enjoying ur livin life and she cannot enjoy same as u can charge her partner with criminal adultery laws.

Ashu Sharma (Manager)     23 December 2010

This sound great but i dont want to be in live in relation...i am ready to face 498a and DV as my parents have disowned via court...so they are not the part of it...and i have already applied for AB for the same...

 

Regards,

Avnish Kaur (Consultant)     23 December 2010

maaary  secretly with proofs solely with u . let her think it is livin ha ha.

1 Like

Ashu Sharma (Manager)     23 December 2010

Hi Avnish,

 

I have one blank paper signed by her, is it possible if i can writeon that paper the she has already took money from me and again asking for the money to torture .

 

Regards,

Amit Minocha (Lawyer)     24 December 2010

You have not mentioned any incidence / cause of leaving. However, cruelty can be also be a ground for divorce incase you have suffered even mental cruelty done on her part.

1 Like

Ashu Sharma (Manager)     24 December 2010

Thank You Amit, but my lawyer is saying that i cannot proceed without showing 1 yr desertion with her in my case. How and Why???

Avnish Kaur (Consultant)     24 December 2010

30 lacs u want to type on that paper? can u show that in ur IT returns?

think a lot before u think. this paper can be used to type many more things but wat will u do in case she alleges that she was made to sign under force. contact a cunning lawyer tell him all facts including this paper , he will tell u how to make best use of it.

Ashu Sharma (Manager)     24 December 2010

@ Avnish...Nope i am not gonna type 30 Lack on it...i'll type only 15 -20 lack and can show that i took this money from my friend (3 or 4 frnds)...and rest i'll pay to her.

 

Appreciate if you can advice me how to use that paper as no lawyer is guiding me correct...please leave me a Personal Message and let me drop my contact details to you.

 

Regards

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     28 December 2010

 

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

 

 

It is a jungle raj and  way to become rich on others money.

 

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

 

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

        

      Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh.  When two persons can marry without any waiting period then there should be no waiting period for separation.

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

 

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. 

 

MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

 

THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

 

 

FILE  REPRESENTATION BEFORE COMMITTE OF PETITIONS OF RAJYA SABHA FOR CHANGE OF 498a TO STOP ITS MISUSE BEFORE 30.12.2010

 

If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also.

 

The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all.

 

In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also.

 

This blackmailing by wife's must be stopped forthwith.

 

 

 

 

Tajobsindia (Senior Partner )     28 December 2010

@ Author,

You are an escapist is what I see from your several immature replies to some basic advises.


You are also trying to do forgery and perjury both is oozing inference out of your several writings. Now if you need to seek divorce then sit with her and her side of family and accede to her reasonable demands of starting fresh her own life and whatever amount is reasonable agreed by both sides is the figure you need to shell out for a Decree in Divorce that also via MCD route which is the fastest way out in presented facts.


In today’s family law scenarios Divorce is not that easy to pop out even if you have bag of money to throw around so be careful and think aloud before jumping guns on a blank signed sheet of paper that you have least it booms back to you with one solid sentence of her side on record and you are gone for much more phases of criminal trial and error routes that also for number of years in carious courts of Law.


What you need a good family lawyer who can win confidence of your wife’s side first to bail you out amicably. Try harder in finding first a mature lawyer and follow his instructions thereon.


BTW, don’t jump from roof top saying your parents have disowned you; it legally means they can’t accept a legal court paper i.e. court summons which comes on your name that is all and for a DIL (your wife) to implede them (means array your parents in any criminal suit as respondents) at any present or future stage is as easiest thing for your wife to do so as peeling a orange and “disowning” does not mean anything in today’s family law scenarios when a wife wants to array family members other than her own husband.

 

Amit Minocha (Lawyer)     11 January 2011

Gone tru your reply. Please note that  for cruelty as a ground of divorce no disertion is reqd it can even if when parties are staying togather as well. amitminocha@yahoo.com


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