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Will divorce be granted without proof of cruelty?

Page no : 2

Biswanath Roy (Advocate)     14 February 2014

I ACQUIRED KNOWLEDGE AND EXPERIENCE IN DEALING WITH MORE THAN 1000 DIVORCE CASES AND DOMESTIC VI0LENCE IN DIFFERENT  COURTS IN INDIA.. FROM THE EXPERIENCE OF SUCH CASES I NOTICED ALL MAL-ADJUSTMENTF ARE ARISING OUT FROM GROSS MISUNDERSTANDING ,, CONFLICT OF EGO AND CONFLICT OF INTEREST IN VIEW OF SUCH EXPERIENSE I ADVISE YOU TO BECOME BIT SYMPATHETIC TO YOUR WIFE LEAVING YOUR EGO AND LET HER OBTAIN DIVORCE ORDER  FROM THE COURT AS TO HER OWN VOLITION  AND THINK ABOUT BUILDING UP YOUR CRREAR

janak r mehta (partner)     14 February 2014

yaapp..i understand your situation..i want to convey u is divorce by legal process is toooooooo muuchh costly for male in view to time,money and energy..if by bending down to some extent if u r getting divorce via MCD ,tht will be the best way..and if she is not ready at all and adamant..than show her the real place for her..best of luck..

ramesh (software engineer)     15 February 2014

@ Mr. Biswanath Roy, I agree there is gross misunderstanding, but there cannot be a solution when only one of the spouse (me) is trying to make things work and other is not. While I have high regards for your advise, can you please clarify, what did you mean when you said " LET HER OBTAIN DIVORCE ORDER  FROM THE COURT AS TO HER OWN VOLITION " ? 

Did you mean just let her go without contesting? Like Mr. Kalaiselvan noted , would not the allegations remain in the judgement if I do not contest? Does not that make me look guilty and affect my future prospects? Thank you.

Biswanath Roy (Advocate)     15 February 2014

To get a Divorce order from the court and to protest apparently false and frivolous allegations carries altogether two different meanings. The first one is entirely depends upon judiciary whereas,the second one depends upon the contestants..  ONE MUST NOT MIXED UP TOGETHER.


(Guest)

@Ramesh

Please listen to kalaiselvan sir and samir's advice. Other irrelevant advices you can safely ignore. Contest the divorce for upholding your own self respect and one should not be sympathetic to a cruel wife when its your life that got spoiled.

Biswanath Roy (Advocate)     15 February 2014

YES, OILING AND SPOILING BOTH ARE BAD.


(Guest)

My opinion would be, 


Dont let her get divorce so easily, let her roam to court for next 6-7 years.  If she was not interested in marrying your or sorts, she should have not married you at all.  Like this she is responsible for spoiling your life, your peace of mind, your parents peace of mind, her parents peace of mind.  Such people should not be let go easily.  Dont give her divorce.  She cannot simply ask divorce based on mental cruelty without any factual evidence of it.

Biswanath Roy (Advocate)     15 February 2014

I ADVISE YOU TO STICK UPON   YOUR 2 QUERIES AND ADVICE GIVEN THERETO BY THE EXPERTS.  REST YOU CAN TREAT AS. TRASH.

ramesh (software engineer)     16 February 2014

@ Mr. Biswanath Roy, you got me confused now.

You said the divorce depends upon judiciary and protesting false allegations depends upon contestants. My understanding is that the so called contestant is being a contestant in the first place because he was protesting the false allegations which has been the reason for the ground of divorce. If judiciary determines the divorce based on this reason then how can both not be mixed up?

If I do not protest now and protest later after letting her obtain the divorce order from the court , I believe, the onus will be on me to prove that the allegations are false. Whereas, now the onus is on her to prove the allegations are true. This is just my opinion as I am not an expert but a victim, so just trying to understand the system.

@stalker ,

like you suggested the only reason i'm planning to contest is to uphold my self respect , else i do not give a damn about her. My opinion is, there seems to be a fine line between standing up for one's self respect and being egoistic. Egoism only arises when one is too proud to admit one's mistake even if one is aware of it. Often people mistake self-respect aspect for being egoistic. 


(Guest)

@Ramesh


Exactly, you are on the right track. You got the right attitude and you understand the problem statement well. Now the point is when you start giving it back to her the treatment that she rightly deserved, she will try to hit back at you with all the false cases available to her.

Be a smart guy, don't go aggressive, don't jump your gun, go thru the forum, understand the issues, talk to lawyers, learned people and get yourself equipped with some level of legal knowledge. Deal with the things, one on one, step by step. We will always be there with you for any guidance that you require. Good luck. Don't listen to people who let you down. Keep up the fighting spirit.

1 Like

gautam (not disclosed)     16 February 2014

The question here is

a) Standing for your own rights and self respect and getting your name cleared from false allegations despite long court battles, expenses and reducing your chance of a better life hereafter

if your self respect, rights and false allegations is too important to a person who feels he has been terribly wrong, then you should fight it out.  Only thing is this should not be driven by ego or difficulty of accepting the injustice meted out to you.


In today's world, who is being that virtuous? have you not given a bribe in your life? is it not injustice? did you stand up to it? then what makes it different from the current problem?


(Guest)

@gautam

The kind of statement that you made shows that you don't have any respect towards human rights. Nobody is virtuous so I need not be a righteous man is a dumb argument. See gaali reddy was jailed, 2g raja was jailed, lalu was jailed, sanju baba is suffering. One day or other fate fuks everyone, so always be on the right side. 

gautam (not disclosed)     16 February 2014

@stalker,

agree with you, in fact, want guys to fight such cases out, so it becomes an example to society

however, have heard from lot of people that the long dragging litigations tests once patience and ultimately ends in some sort of agreements mutually after court directive (when both parties began to accept reality)

for e.g. <5% of 498A results in conviction, how many cases have you heard of husbands filing cases again 498A wife for false allegations?

Biswanath Roy (Advocate)     16 February 2014

Sorry for your confusion.  You could not understand me properly. No where in my earlier advise I SAID YOU DON'T CHALLENGE THE FALSE ALLEGATIONS, DEFINITELY YOU WILL CHALLENGE IT. But my say is that as to your statement your wife filed a Divorce petition with some false allegations against you and your family members if it is so then the grounds i.e., false allegations if disprove before the court the petition for Divorce shall loose its bearing and shall be dismissed with or without costs. Do you want this?

ramesh (software engineer)     16 February 2014

@ Mr. Biswanath Roy,

Thanks for the clarification. Now I see where the confusion was from . I agree if the false allegations are disproved the divorce petition that my wife filed will be dismissed. I certainly wanted the divorce but  as a MCD and not by carrying the false allegations. The girl's side was not talking to me or my representatives as of now, eventually when they realize they are gonna lose they will be ready for MCD. Atleast that is what , I believe, would realistically happen. 


'Yadanand Legal help's opinion on this scenario was spot on and I think that is how this case will eventually end up. 


On the idea of being non vocal now just to get the divorce and then challenge the false allegations later, I am not sure I will have the energy and time to pursue the case of defamation later on once I get rid of the bad omen which my wife. But it is definitely good to know as it may help if they try to harass with other women biased laws against me. Thanks again.