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joseph rod (retired)     16 October 2014

Wife want divorce

DEAR SIR

I AM 53 YRS CHRISTIAN MAN MARRIED FOR LAST 23 YRS  I AM   PRESENTLY JOBLESS DUE TO ILL HEALTH

 I HAVE 2 ADULT CHILDREN  MY WIFE NOT STAYING WITH ME FROM LAST 6 MONTHS SINCE I HAVE NO JOB.

MY WIFE WANTS DIVORCE SHE DEMANDS I SELL MY ONLY FLAT AND GIVE HER 50% OF PROCEEDS I AM READY TO SHARE BUT NOT SELL WILL THE COURT TELL ME TO SELL THE HOUSE PL ADVICE

THANKS

RODRIGUES



Learning

 9 Replies

Laxmi Kant Joshi (Advocate )     16 October 2014

You didn't write about the reason behind why your wife left you and now where she is residing , flat is in your name or she is a co-owner in it , i suggest you first try to save your married life do amicable compromise with your wife , it is not wiseable to go for divorce for each and every small fight , if flat is in your name then court will not force you to sell it , if you want to give her anything its upto your choice legally she cannot compel you .

Adv k . mahesh (advocate)     16 October 2014

yes 

as you are the owner of the flat you have every right wheater to sell the property or not 

and you are the sole decision maker and court will not interfere and thus already she filed divorce petition you have not clarified yet

as said above first try to solve the issue by talking to her or with the help of any other middle men 

Rahim (okok)     16 October 2014

Sir your case is why I have lost hope on humanity.

A woman who has stayed with you for 23 years has decided to leave you just because you dont have a job and its not because you dont WANT a job its only because you are sick.


Sir, let me ask you a question........Do you need such a woman back who has such mentality?.

Nowadays I am seeing divorce because some woman says that his husband is not coming home early from office.


Such is the state left...........Where is the patience in people?..........Where is the compassion in people?.........People are so selfish ESPECIALLY WOMEN...........Its always me , me and me...........Why is he not keeping me happy?......


Even if Husband does 100 good things and does 1 wrong thing........Woman will pick that 1 wrong thing and tell it 100000 times ........why did he did that to me?.........And then they will divorce on that one wrong thing.......


And women always complain.........he is not keeping me happy even if Husband takes her wife everyday to movie , hotels, outings, tours etc..........Still women will complain..............What is wrong with them?.........Husbands are not SUPERMANS.

joseph rod (retired)     16 October 2014

Dear Sir

I was working for a MNC for 25yrs going to work daily. Now she is saying u r jobless and useless. I understand  she is in Sister house which i am not aware I am the sole owner of my flat The allegation put in petition I had bee drinking for 23 yrs day in and day and cruelty . My elder daughter is a computer engineer piand younger daughter has completed 12th now she has joined nursing college in mumbai. I was sole daily bread earner for my fly. I have given my daughters prof education and use to take my fly on holidays every year which i can prove How come a drunkard goes to corporate office every day and give my fly a good life all this years.

PL GUIDE / Thnks

great india (manager)     16 October 2014

Very good reasoning..... Ask wife to go to court and ask for money...... Ask her to earn now since u did your job for 23 yrs.... She can do the same for 2-3 yrs. Dnt get broken down emotionally...... U are a Superman since you sincerely did you job.....so behave like a superhero.....come wgat may

great india (manager)     16 October 2014

Very good reasoning..... Ask wife to go to court and ask for money...... Ask her to earn now since u did your job for 23 yrs.... She can do the same for 2-3 yrs. Dnt get broken down emotionally...... U are a Superman since you sincerely did you job.....so behave like a superhero.....come wgat may

(Guest)

Dear Rod:

 

It appears that your wife is acting on he behest of her sister. 


Only thing you can do is convince your wife to come back, find another job for yourself.  If you are not able to find any job for yourself and earn money, her dreams of getting alimony/maintenance from you will be so so.  Regarding the second child, you need to take care of her by giving alimony for another 2 years till kid turns 18.  At the same time if you are not able to maintain yourself at all, you can claim maintenance from your 1st kid as she is already earning member u/s 125 crpc.


Your wife's idea of kissing goodbye to 23 years of marriage is non-sensical, so is her idea of selling the said flat that you part 50% share of it.  You both need to talk in private and sort this out than going to court where 35 somethings are judges and will feel embarassed themselves to handle your case.


Allegations are allegations untll unless proved in court of law.  If you were taking that drink, couple of pegs, nothing wrong in it accepting outside of court. The problem seems to be something else, its not your drinking or your present joblessness.  According to me, there has been good tuitioning to your wife by your wife's sister/friends/other relatives to take such a decision.  Find out the root cause yourself before its too late, as there is no immunity against dowry cases or domestic violence cases or maintenance cases against you.

 

Divorce is not a joke, it will break the strongest of the people, Indian courts will ensure that you are destroyed.  

 

You both are quite old, you should be in a position to be guide your children on how to lead life, instead of acting like buffoons and be wrong examples to children as well as society.

stanley (Freedom)     17 October 2014

@ Author .

And as the bible states " What God has joined togather no man shall break " 

 

For your wife to get Divorce it would be very difficult under christian marriage act . Since cruelty has to be accompanied with adultery .

1. You have not stated if your wife is a working women . If so she would not get any maintenance . 

2. As the flat is in your name neither she nor the court can force you to sell the flat . 

so just sit back and relax. 

joseph rod (retired)     22 October 2014

I NEED TO CHANGE MY PRESENT FAMILY COURT LAWYER IS IT POSSIBLE FOR ME TO CHANGE HIM AS I AM NOT HAPPY WITH HIS SERVICE. DO I HAVE TO TAKE NOC FROM HIM

PL GUIDE/THANKS


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