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Author Topic: Looking for divorce - Married since 2years now !  (Read 2051 times)

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Offline bbabu20

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Looking for divorce - Married since 2years now !
« on: April 27, 2015, 04:17:49 AM »
We were married 2 years back and our Married life is not being due to unnecessary conflicts with regards to communication,idealogy,ego and attitude. We both were not happy with each other lifestyles and hence we decided to go with Mutual Separation.We undergone enough of dramas and unnecessary arguments and ultimately we both are not happy and decided to go with Divorce.

Also , Last year september as My wife was unable to control and because of her arrogant nature and attitude i was forced to slap her thrice and infact she made big issue with both the inlaws side and I even agreed to say sorry and never used bad words neither slapped her since then.

Now its been 1 month we both are living separetely and we both lost trust,respect and value on each other and we decided to get separated. Kindly guide me the right process of getting divorce in hassle free or risk free way.

Iam an IT employee working for an MNC and earning 50k per month and she is also an IT employee working for an MNC and her salary is 35k per month.I holds 5 Lakhs of cash and few FD documents on my name(This is assests on my Name). I donot have any property on my name, however on my father's name some property and cash is there.

During the process of Divorce, as per the Law in india.. Can she claim the maintenance from me ? Will the judgement will be given that some share from my father's property is given to her ? Do i need to pay any maintenance in this case ?
Also, My own parents are threatening me that DONOT file for divorce and just adjust with her on my fate and lead the life which iam not intrested. Infact they are threatening me that Incase that gal will put case on me saying I had slapped her and tortured her mentally I will be put under the bars from the law of court in india... This making me to take back step of not to file for divorce.

BUT Iam not intrested to lead the life with her any more and she also lost intrest on me and hence we decided to file for divorce. But only question is arising what if she opens her mouth infront of court and demands for maintenance and file case for slapping her in last year September. ??


 

Offline saravanan.s

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Re: Looking for divorce - Married since 2years now !
« Reply #1 on: April 27, 2015, 05:37:50 AM »
you have said that you both want to divorce mutually.in that case you both need to sit together and work out a mou regarding the amount --one time maintenance, child custody, sreedhan recovery etc.. one very important thing is dont forget to mention that she wont lay any claim in future nor book you under any case in the mou.the court wont interfere nor alter anything which you had worked out in the mou.in case if she files case on you in future that would amount to contempt of court.
make a petition with the family court along with the mou, will be called for two motions where you both must appear and give your consent for divorce.by the second motion which comes in a year from the time of giving petition divorce will be granted
another thing is there is no appeal in higher courts against mcd
she cant lay any claim over your property unless she is a coowner of it

Offline bbabu20

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Re: Looking for divorce - Married since 2years now !
« Reply #2 on: April 28, 2015, 04:49:19 AM »
Thank you so much for valuable advice Saravanan.S

However still some of the queries, still remains unanswered.

1. Do we both need to hire for an advocate in this case ?
2. In this process, what if she says that I had slapped and abused her last 6months back  and will that be considered as Physical abuse and i will be behind the bars ?(This is what is threatening from my end and my frds are advising not to go for Divorce if she claims and tries to put me under these cases )?
3. WE dont have any kids yet and She is a working women and gets 35k permonth and i gets 60k per month, I just have some cash and some FDs on my name. My dad holds some property. In this case will I need to Pay Alimony or any maintaienence for her as per the Law ? if your answer is Yes and what if she demands for it even then ???
4.Parents also should be appearing in the court and is that mandatory ?? They also will be representing in court as a mandatory part ?
5. I have only fear is that she might try to file me into any kind of physical abuse and mental torture cases ? To eradicate this what shall i do ?

Your help is much appreciated. She is being quite strong on the support of her parents and brother and infact in my case my own parents are not encouraging me for this Divorce as they are so much society conscious people.

Kindly reply.

Offline saravanan.s

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Re: Looking for divorce - Married since 2years now !
« Reply #3 on: April 28, 2015, 12:01:17 PM »
1.yes
2.in mcd she cant say all those..but if you dont draft the mcd as told she might later file cases like dv and 498a even after divorce
3.in mcd you can convince her for zero maintenance or it can be any amount...no limit
4.in mcd only you both need to present the petition by appearing before the court
5.in that case make an nc at the local police station that your wife or inlaws might file false cases against you and if you anticipate she might file false case against you or if you came to know that she had filed 498a go for ab.you wont be arrested for dv case and even in cases like 498a police cant act mechanically in arresting you.they need to follow supreme court guidelines

Offline Anne Saxton

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Re: Looking for divorce - Married since 2years now !
« Reply #4 on: April 29, 2015, 08:15:36 AM »
You can sit and work out what to do about your divorce.And about your property she can only claim to property which is registered to your name and not to your father's.She can also have upto half of your properties claim but regardless you two settle down these things mutually.Divorce lawyer Redondo Beach are very good at consultation to people who are intended to get divorced.Financial issues always make divorces tough so it is always better to get them settled before filling divorce case.

Offline sanath.iyer

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Re: Looking for divorce - Married since 2years now !
« Reply #5 on: May 01, 2015, 08:53:11 AM »
According to me, even after all conditions are clearly mentioned in the MCD settlement agreement, your wife can still file cases of dowry harassment and domestic violence against you and your parents and get you arrested. The police will usually blindly file a case and arrest you. The onus is on you to prove yourself innocent in court. It is a different issue that later, the allegations may not be proved in court and after a long time you may get relief. But for the time being, your wife can certainly make life miserable for you and your parents.

Also, she can claim enhancement of maintenance amount from time to time and the court will allow the same. Even if she has agreed for zero maintenance, the court will allow her to apply for enhancement and you would not be allowed to refuse. The court will take into account your salary, all your assets, inherited property etc. and decide on the alimony/maintenance amount in such a way that your wife's lifestyle is equivalent to yours. Since, your wife earns less than you she will certainly benefit a lot and you stand to lose.

I suggest the following measures to be taken. Rest is upto you.

1. Immediately ask your parents to put an ad in the local newspaper disowning you. Hence in case 498A is filed against you and them, they cannot be arrested as they cease to remain family members.

2. Since your wife is staying separately, immediately file a case in family court for "Restitution of Conjugal Rights" asking the court to direct her to join you back. By doing so, you will be in a much better situation in case your wife files for divorce.

3. Forget about divorce. Make a strong determination that you'll not divorce your wife till your last breath. As per current laws in India, divorce will only benefit wife. Husbands lose everything, money, time, respect, peace of mind etc. You'll see your wife walk away with half your assets and you cannot do anything about the same.

4. You should have not slapped your wife. Anyway, now that you have done it, learn to deny it. Convince yourself that no such event ever happened. In the court also, you should deny this and ask her lawyer to prove it. If the incident occurred within the 4 walls of the house and there are no eye-witness and your wife had not filed an FIR immediately after the incident, it may be difficult for your wife to prove that you slapped her. Stop apologizing to her in front of her relatives and start denying the incident openly. Do not chicken out in a weak moment. The good part is law in India relies on evidence and not emotions.

5. If your wife files for divorce, contest the same. Do not agree for a divorce. Your parents are right. Consider it fate. But you need to stick to your wife for life. Do not divorce her. No matter, how smart your lawyer is, it is well known fact that in all divorce cases only wife benefits while husband loses. So, stay away from divorce and resist it.

6. In future, if your wife returns to stay with you, install CCTV cameras in your entire house so that she cannot purposely injure herself and call the police and blame you. You will have to stay vigilant for a couple of years till your wife accepts in her sub-concious mind that you are smarter than her and that she can neither legally harm you in any way nor can she extort money from you. Eventually, she will start respecting you and love you.

In the interim, if your wife files 498 A against you then you may have to visit the police station a couple of times but make a strong resolve that you'll not fear the police and will not succumb to pressure. Rest assured, convictions in 498 A is less than 2% since court only relies on evidence to conclude wrongdoings. Make a strong resolve not to divorce your wife. Be a man and rectify your wife. Only cowards think of divorce. Also what is the guarantee that after divorce, your next wife would be better than the current one?
« Last Edit: May 01, 2015, 08:59:57 AM by sanath.iyer »

Offline bbabu20

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Re: Looking for divorce - Married since 2years now !
« Reply #6 on: May 15, 2015, 03:51:27 AM »
Hello All,

My Parents and her parents along with some Big persons were facing each other to discuss about the disputes and they will discussing about the Patchup or really to breakup.
If the judgement comes up with Breakup, then how should I can proceed with. During the discussion if they finalise about the Alimony which can be done in amicable way, Can I have MOU signed from her and from my side infront of those big people ?

I guess once MOU is signed, half of the work is done already. MOU can be written over the Paper by myself or it should be in Printed format and must get it from Lawyer ?Please reply.

 

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