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Author Topic: NEED DIVORCE FROM WIFE .. THREATENED BY 498  (Read 1764 times)

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Offline ipsitroy

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NEED DIVORCE FROM WIFE .. THREATENED BY 498
« on: May 08, 2015, 09:42:14 PM »
I have been married for the past two years and since last year I have been in a feud with my wife. She is grossly abusive and and have overstepped all codes of discipline and have depicted great disrespect and caused discomfort to me and my family members.

I had asked her to sign papers for mutual divorce but she is unwilling to do that. At times, she says yes and demands a falt from me to sign divorce papers. Then the very next moment she hurls expletives targeting me and my parents. I have already submitted a letter of complaint to the nearby police station (a non actionable one)  and have recorded her voice when she speaks those expletives and hurls abuses randomly. She often behaves hysterically too which gives me the impression that she is not in a  sound state of mind. She also threatens to file false cases 498  against me and my family.

She is not ready to leave the house so that I can file the divorce. Please advise is there any other way I can have her leave the house by legal; means? Please advise .. I am  grossly disappointed and don't know  what to do.

Offline saravanan.s

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Re: NEED DIVORCE FROM WIFE .. THREATENED BY 498
« Reply #1 on: May 08, 2015, 10:28:20 PM »
take her to a psychiatrist and see whether you can treat her.if not you can file contested divorce on the grounds of cruelty.for that you need not push her out of the matrimonial home.she can be in the matrimonial home even while divorce proceedings is going on.if she leaves the home on her own let her do it

Offline ipsitroy

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Re: NEED DIVORCE FROM WIFE .. THREATENED BY 498
« Reply #2 on: May 08, 2015, 11:17:26 PM »
Okay understood I am also trying to be very patient with her and agree her to leave my house and go and spend some time in her mothers place. so that I can file the divorce i dont know why she is not agreeing now earlier she always used to leave and stay at her mothers without my consent or without asking anyone. I have also come to know from a  reliable source of mine that she is also seeking legal advice.

She wants me to buy her an apartment and then only she will leave me or give consent for mutual  divorce. The next moment she is changing her mind when I am asking her to give me a written declaration about the contract that after buying the flat she will give divorce. She is also calling my office trying to defame my reputation.

Should I lodge one more complaint in the police station ?? and then proceed filing divorce on grounds of cruelty?

Offline advRanjithRajagopal

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Re: NEED DIVORCE FROM WIFE .. THREATENED BY 498
« Reply #3 on: May 08, 2015, 11:32:20 PM »
any kind of monetary adjustment should be done in court, either giving money or flat if done outside court will be to your loss.

when you file for mutual divorce the give in take should be done in the presence of the judge, not other wise
adv.Ranjith Rajagopal

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Re: NEED DIVORCE FROM WIFE .. THREATENED BY 498
« Reply #4 on: May 09, 2015, 01:24:55 AM »
My wife is reacting hysterically Although I have already given her the option of mutual divorce she is not willing for it she wants to contest... she is abusing my parents in a filthy manner I dont know what to do what should be my next step of action ? Please advise

Offline Advocate M.Bhadra

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Re: NEED DIVORCE FROM WIFE .. THREATENED BY 498
« Reply #5 on: May 09, 2015, 02:43:43 AM »
Without separation one year you can not move for divorce, now you can file a Suit for Judicial Separation in District Judges or Family Court which is pre-stage of divorce. No need to counselling or mediation.



M.Bhadra,aqdvocate at Kolkata,9836589246

Offline saravanan.s

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Re: NEED DIVORCE FROM WIFE .. THREATENED BY 498
« Reply #6 on: May 10, 2015, 07:51:47 AM »
if she is calling office and trying to defame you collect evidences about the same and keep it as a proof.also collect call recordings and when she abuses your parents record the same.you can file a contested divorce on grounds of cruelty.suppose if you want to go for mcd workout a mou with her and dont agree to give anything before the second motion and do everything in the presence of the judge. also add a condition that she wont ask maintenance in the future and also she will withdraw any case filed over you before the second motion and also she wont file any case against you in the future

 

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