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Paul (Manager)     17 May 2013

Wife wants judicial separation

Respected Sir / Madam ,

 

We are married for 10 years and having two kids .. Now my wife & her family members planning for judicial custody to keep her separte from me and away. Her native is aabout 300 miles from my place and different state. She would put  reason as trust, respect, understanding , love , care not there ... actually this is her parent's plan as my wife does not love me and does not enjoy staying togather under one roof... they want to take good amt as alomony for wife and child support ( my childrens are 7 yr boy and 3 yr boy)

Please let me know if I have any options and in case they do so .. can I go for divorce.. my inlaws are against divorce .

Thanks in advance

 

Best regards

Paul



Learning

 5 Replies


(Guest)

If things cannot be resolved, and if you are willing to go for divorce, you can, on the basis of desertion.

Paul (Manager)     20 May 2013

Thanks sir . So Judicial separation can't be a life long process ....as I understand and also if  her intention is to extract money from me stay separate with my kids and enjoy her life with her newly found boyfriend ..I think I have to move fast for divorce ...

I am still interrested for reconciliation as it is two kids and 10 years of marriage ...however my wife is not at all intersted and also her family members not showing signs of conreconciliation... She admits she is having strong relationship with a guy ..however we are very scared of litigation process....please suggest what to do to bring my life on track

 

Thanks

Rohit

Vinayak (self)     20 May 2013

what is the guarantee that you will NOT be hit by maintenance /or alimony and child support ESPECIALLY IF YOU file for divorce ?

 

you claim that your wife is having a boyfriend ...do you have solid proof of the same

 

mark my words : most courts consider men as the aggressors, men as the violent and un loving partner . most courts and media consider men as the ABLA naaris. MANY innocent men are levied monthly maintenance. Just read this forum for the numerous maintenance and false domestic viokence and false 498a cases that the wife / wives have filed

read here for more :

https://bit.ly/Uokcev

 

-------------

regards

vinayak

 


(Guest)
Originally posted by : Paul

Thanks sir . So Judicial separation can't be a life long process ....as I understand and also if  her intention is to extract money from me stay separate with my kids and enjoy her life with her newly found boyfriend ..I think I have to move fast for divorce ...

I am still interrested for reconciliation as it is two kids and 10 years of marriage ...however my wife is not at all intersted and also her family members not showing signs of conreconciliation... She admits she is having strong relationship with a guy ..however we are very scared of litigation process....please suggest what to do to bring my life on track

 

Thanks

Rohit

Paul/Rohit


1.  You should have evidence of her adultery.  If she is willingly accepts it, fine.  Or else you have to prove to the court that she is of adulterous nature based on which when proved you will be granted divorce.

2.  As for your thoughts of reconciliation etc... Its entirely up to her to consider it or not, but even the court will arrange for mediation several times regarding this.

3.  If your wife contests the divorce, then it will drag on for years together.  Another thing would be the alimony part, where if it is not proved that she is in another relationship, in the interim you will have to pay alimony to her, until the disposal of the case.  If she is a working woman, and if you provide details of her employment, income, salary etc to court, then the court wll not grant alimony to her.

4.  Further you may expect false cases such as DV and/or 498a, for the latter you will have to secure a anticipatory bail whose value will last for a period of 1 month.

5.  Custody:  You will also have to face a custody case for the kids from the wife, if she wants the kids.


So be prepared for everything.  Take one step at a time.  First step as I said, would be to file divorce petition on basis of adultery.

Paul (Manager)     20 May 2013

Thanks a lot sir for your suggestion .

She has filed no-fault divorce here in US  based on the ground of marriage arbitrary broken... She initally promised on no maintenance and to give one child to me .. I am not sure if she will change her stand ..

If that is the case I have to take a decision whether to file contested divorce in India or continue it here .. As contested divorce in US can also go for one year and would be very expensive consideringa ttorney fees etc .. however I have the choice to go back to India at any point and ex party divorce in US is not valid in Inida .....

With time I will come to know more about the same .

Thanks a lot

Best Regards

Rohit Paul


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