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A.N.VERMAS (lecturer )     14 August 2012

What if wife not comes not divorce

MY WIFE IS LIVING SEPARATELY FOR THE LAST ONE AND HALF YEARS. SHE HAS LEFT ME AND MY SON BECAUSE OUR CHILD SUFFERS FROM BLOOD CANCER. BOTH WE ARE GOVT EMPLOYED.SHE ALWAYS WASTED MONEY IN SUITS,SAREES,GOLD,RETAURENTS,TOURS ETC.  EVEN DURING THE DISEASE OF THE CHILD. SHE DOESNOT GIVE ME ANY SINGLE RUPEE FROM HER SALARY FOR THE TREATMENT OF THE CHILD EVEN WHEN I NEED BADLY. MOREOVER SHE WANTS MY ATM ALSO AND WANTS THAT I SHOULD FULFILL HER ALL HER DEMANDS FROM MY SALARY THAT IS NOT POSSIBLE FOR ME. WHEN SOME DISPUTE OR DEBATE STARTS SHE BECOMES ABNORMAL AND RUNS INTO THE STREETS TO THE NEIGHBOURS AND ALLEGES THAT I AM BURNING HIM. IN HER ANGER SHE CAN GO TO ANY EXTENT.EVEN SHE CAN COMMIT SUICIDE.I HAVE LOST COMPLETE FATITH IN HER. MANY EFFORTS WERE DONE TO BRING HER BACK.BUT SHE DOES NOT AGREE TO COME.SHE WAS ASKED TO GIVE DIVORCE,SHE IS EVEN NOT READY TO GIVE DIVORCE. NOW I DONT WANT HER BACK ANY MORE.BECAUSE I HAVE CONCLUDED THAT SHE IS MENTALLY SICK AND NEVER CHANGE HERSELF. DURING THE DISEASE AND THE TREATMENT OF THE CHILD HER DISPUTES CARRIED ON AND ON.SHE NEVER CARED FOR THE LIFE OF THE CHILD.HER MOTHER IS THE MAIN REASON BEHIND ALL THIS.MY QUESTIONS ARE AS FOLLOWS.

1. WHAT IF SHE SAYS IN COURT THAT SHE IS READY TO COME BACK DURING THE DIVORCE PROCEEDINGS ?

2. WHAT IF SHE SAYS FLASLY THAT I HAVE FORCED HER OUT OF THE HOUSE ?

3. WHAT SHOULD BE THE PROPER STEPS TO TAKE FAST CONTESTED DIVORCE?



Learning

 8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 August 2012

1. A contested divorce is difficult but not impossible - if you can make out a good case for cruelty etc. 

2. More worrying part of it, are the 498a/406/false dowry complaints that come with it almost everytime a divorce is filed. Don't forget the maintenance cases. Start digging the well now before the FIRE starts.  

3. Your wife can say that you turned her out, can even file RCR (Restitution of Conjugal Rights) to resume matrimony. 

4. Read this : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

1 Like

A.N.VERMAS (lecturer )     14 August 2012

Then What will be its impact on the divorce if she says these things ? Is it possible that court may reject my pleas ?

rajiv_lodha (zz)     14 August 2012

1. WHAT IF SHE SAYS IN COURT THAT SHE IS READY TO COME BACK DURING THE DIVORCE PROCEEDINGS ?

See, u have filed divorce case being fed up from her cruelties. It does not matter i she agrees to come n live with u. Its u who has refused to live with a butcher, u r not begging for her consent. Seeking divorce on cruelty ground is ur right, but remember u have to prove the allegations.

2. WHAT IF SHE SAYS FLASLY THAT I HAVE FORCED HER OUT OF THE HOUSE ?

Yes she may lie, but all she tells she has to prove, burden is with her. u may deny n produce counter-evidence.

3. WHAT SHOULD BE THE PROPER STEPS TO TAKE FAST CONTESTED DIVORCE?

No way to get FAST CONTESTED DIVORCE IN INDIA

A.N.VERMAS (lecturer )     15 August 2012

WHAT IF A PERSON CONVERTS TO ISLAM BEFORE GOING INTO THE COURT FOR DIVORCE ?

rajiv_lodha (zz)     15 August 2012

Converting to Islaam to bypass provisions of HMA is rendered fruitless by the law. So no benefit.

A.N.VERMAS (lecturer )     16 August 2012

SUPPOSE I CONVERT TO ISLAM, AND I  FILE RCR OR SUPPOSE MY WIFE WANTS TO COME BACK THEN WILL SHE HAVE TO CHANGE HER RELIGION ALSO ? OR SHE CAN REMAIN HINDU WITH ME ?

**Victim** (job)     16 August 2012

Originally posted by : A.N.VERMAS

SUPPOSE I CONVERT TO ISLAM, AND I  FILE RCR OR SUPPOSE MY WIFE WANTS TO COME BACK THEN WILL SHE HAVE TO CHANGE HER RELIGION ALSO ? OR SHE CAN REMAIN HINDU WITH ME ?

You are going in wrong direction ur change of religion won't put any weight on ur marital case. If this would have been possible then all of us would have been christians and muslims by this time.

RK (adada)     16 August 2012

Getting a Contested divorce in India takes years and again your wife can appeal in higher courts.

First decide what do you want from life, All the laws are Pro-Women and your wife can file load of cases on you.

Its better to avoid legal route unless you want to resettle again.


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