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Author Topic: Marriage settlement  (Read 994 times)

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Offline varada

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Marriage settlement
« on: October 20, 2015, 01:12:57 AM »
My  marriage took place about 10 years ago in Karnataka. There were some behavior problems in my wife by which she would be normal at times but suddenly abnormally suspicious at other times. She was unknown to me before marriage. Later she didn't have child due to hormonal problems. No success even after treating with IVF. Subsequently she became more and more abnormal in her activities. Doctor treated her for depression of certain stage. We came to know that her father also had this mental problem. She stopped taking tablets after about 6 months (That disease requires continuous consumption of tablets) Their family tried to keep away from all this. But she disliked the atmosphere around our  campus and went away  carrying  valuables with her to her native i.e., Mumbai, threatening that she will file divorce from Mumbai.
Now it is about 21 months since she has gone like that. We tried to discuss the matter with their parents and relatives for settlement. But nobody is coming forward for settlement. Their next move is not known to us.
Can they file a divorce case from Mumbai? (The marriage has taken place in Karnataka and we last lived together in Karnataka)
I am a central govt. employee. I have evidence for giving her treatment for child and her mental problem. Evidence that her father has the problem. Can I go ahead filing her notice in this regard?
Can I change the lawyer after I serve the notice from him if I find the lawyer is not good?
What is the difference between  Legal separation and Divorce?
Please let me know the answers/solution.

Offline adv.amarnath

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Re: Marriage settlement
« Reply #1 on: October 20, 2015, 01:20:20 AM »
The steps which you are verifying from this forum should have done within 6 months of your marriage not after 10 years. You have only option to get divorce under cruelty ground. But I would suggest that go for mutual divorce it will be safe for you in long term.

Yes you change your lawyer at any point of time. Legal separation means your marriage tie has not been broken but you and your wife are living separately whereas Divorce mean breaking the marriage tie.
« Last Edit: October 20, 2015, 01:22:21 AM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline varada

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Re: Marriage settlement
« Reply #2 on: October 20, 2015, 04:30:52 AM »
Thank you for the prompt answer sir,
Is my address necessary in the notice or just my name is enough with the address of my lawyer. Please clarify.

Offline adv.amarnath

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Re: Marriage settlement
« Reply #3 on: October 22, 2015, 07:31:48 AM »
Yes, in the notice your entire details must be given. It is a common sense. How the addressee will know by reading an advocate notice that to whom the lawyer is representing!!
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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