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Offline scorpioguy

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Divorce
« on: May 02, 2016, 12:33:25 AM »
Hi

My wife has left home 2 months back after a small fight, and since then we are living separately. We use to have fights every week and the issues were same every time what had happened in past. She never wanted to leave the past and move a head. What she does is right and when I do the same I was told wrong like she is not respecting my parents I kept on doing that for years but when I stopped she keep the on fighting and I asked the same to her If you don't do I will not. I tried talking with her parents and family but things start getting worst as her mother use to boost her ego and that lead to bigger fights, from first year of marriage any time there's a small argument she use to ask me to file for divorce and i use to ignore it. I always asked her to support me but every time she wants to rule me. She helped financially too but that doesn't allow her to rule me. I have never asked her to go to her father and bring money. When I brought a property I added her name into it too.

What are the steps that I should take to safe my property? It has mine, my father and her name into it.
Now things are out of my control, I want to file for Divorce what should I do?
Please advice

Offline advjaibansal

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Re: Divorce
« Reply #1 on: May 02, 2016, 01:19:13 AM »
Dear Sir,

You cannot force your wife to get her name removed from the property. Under the circumstances, please compromise with your wife call her back. Take sometime then try and get her name removed. After doing all these things, you can only think about taking or filing for divorce.

As if now, if you wish to bring back your wife then file a petition for restitution of conjugal rights against your wife. You may get a notice for RCR issued first before filing the petition.

Regards,
jai bansal, advocate
new delhi
supreme court of india
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline scorpioguy

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Re: Divorce
« Reply #2 on: May 09, 2016, 03:20:31 AM »
Thanks for the update.

What all things I can do mutually (if she agrees) to take off her name from property
1. Re registry
2. Power of attorny
or is there any other which is the safest

What is the procedure for Mutual Divorce for UP. How to file for the papers and how long is the procedure?

Offline advjaibansal

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Re: Divorce
« Reply #3 on: May 09, 2016, 03:38:10 AM »
Dear Sir,

You cannot do re-registry. You need to get a relinquishment deed executed in your favour from the wife as you being the co-sharer in the said property or gift deed in your favour for her share of the property.

Regards
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline scorpioguy

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Re: Divorce
« Reply #4 on: May 09, 2016, 03:47:50 AM »
what is the procedure for relinquishment deed or gift deed?

 How to file a petition for restitution of conjugal rights against my wife.

What is RCR notice? how to apply for it?
« Last Edit: May 09, 2016, 03:54:06 AM by scorpioguy »

Offline advjaibansal

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Re: Divorce
« Reply #5 on: May 09, 2016, 04:04:05 AM »
Dear Sir,

You need to get the relinquishment deed or gift deed drafted from  a lawyer and then get the same registered with the registrar of property. It is the same place, where you got your property registered at the time of purchase.

RCR petition can be filed in the court for calling the wife to join your company and perform the matrimonial obligation. RCR notice can be issued by a lawyer. If wife refuses to come back despite issuing notice, then you may file RCR petition under section 9 of Hindu Marriage Act before the concerned family court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline scorpioguy

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Re: Divorce
« Reply #6 on: May 11, 2016, 03:23:40 AM »
Thanks You Sir.

My wife has left home around on 28th of Feb. she booked her cab by herself and left home very calmly. In starting my family members contacted her, talked with her and met her too. She is visiting her parents and sister place regularly and going daily to office for last 30 days I am not in contact with her or any of her family members. Her family only knows where she is staying, according to them she is staying in PG with her cousin sister.

Please advice me what all protection I should take, so they can not file any wrong case on me or my parents.

Thanks

Offline advjaibansal

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Re: Divorce
« Reply #7 on: May 11, 2016, 07:04:04 AM »
Dear Sir,

Please file a informatory complaint in the police station stating that your wife has left your company after taking her all belongings on _______ date. This will help you in future.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline scorpioguy

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Re: Divorce
« Reply #8 on: May 11, 2016, 09:48:54 PM »
Thank You Sir

 

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