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Author Topic: NEED HELP FOR DIVORCE PLEASE  (Read 2103 times)

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Offline Rashmi DRN

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NEED HELP FOR DIVORCE PLEASE
« on: May 11, 2016, 02:32:33 AM »
Wife :  Education Engineering degree , Software Engineer working in MN company 32000 Monthly salary with 2 years baby girl.  Staying with parents house since 2.5 years.
Husband : Education Master degree. Working in Private organization 55000 monthly salary. Staying with  parents since 2.5 years.
Lot of misunderstanding they separated. Also many meetings over with family members  and with Mahila sahayawani  no positive sign.  Wife telling to make separate house I will come alternatively to that house but husband not leaving his parents and also not liking her behavior , husband telling you leave job and come to home. Her parents supporting her for her money and they want husband money also. After many  humiliation that husband decided to file Divorce case.  Because no communication between two family now.   Husband telling he don’t want that wife he frustrated like anything. He want Divorce…
Please suggest:  what will happen if he applied divorce and in what way he can apply for divorce? How to get divorce …..

Offline advarjun

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #1 on: May 11, 2016, 05:39:35 AM »
First find out whether wife is also willing to divorce.

Which city are you based in
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Offline advjaibansal

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #2 on: May 11, 2016, 07:02:20 AM »
Dear Sir,

Husband may file for divorce on the grounds of cruelty against the wife. Please appoint a lawyer, who can draft and file your case. Once the case is filed, it will be contested and then only some results.

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

Offline Rashmi DRN

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #3 on: May 15, 2016, 10:25:59 PM »
Hello Sir,

We are from Bangalore...

Respected Sir,
Actually wife not even ready to come husband house and her parents because of her salary they are made wife and husband separate and even husband not like to stay or continue life with her. After these issues. HOW TO GET DIVORCE ?

Offline advjaibansal

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #4 on: May 16, 2016, 11:09:31 PM »
Dear Rashmi,

Please suggest the husband to file for divorce on the grounds of cruelty if divorce is not possible on the mutual consent. there is no other way out if wife is not willing to give divorce or ready to come and stay with the husband.

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

Offline Rashmi DRN

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #5 on: May 16, 2016, 11:45:25 PM »
Dear Sir,

WHAT ABOUT CHILD CUSTODY AND MAINTENANCE ...?

Offline advjaibansal

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #6 on: May 17, 2016, 02:33:03 AM »
Dear Rashmi,

As the child is girl, husband may not get the custody but he will be getting the visitation rights. He is under obligation to pay maintenance for the child only if wife claims maintenance by filing an application or petition.

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

Offline Rashmi DRN

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #7 on: May 17, 2016, 03:39:57 AM »
Dear Sir,

Thank you so much for your kind help......


Offline Rashmi DRN

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #8 on: May 17, 2016, 10:31:53 PM »
Hello,

I wife will applied for maintenance then how much will be the maintenance...
Wife salary (34k per month) Husband (52 K per month)

Offline advjaibansal

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #9 on: May 18, 2016, 02:01:42 AM »
Dear Rashmi,

There is hardly any difference in the salary of wife and husband. At the same time maintenance provisions cannot be used as a tool to extract money from the husband. I have come across such cases, where no maintenance is granted to the wife if she is earning and the difference of income is not huge. for example wife earning 50 and husband earning 5 lacs.

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

Offline adv.amarnath

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #10 on: May 20, 2016, 02:33:34 AM »
Your husband can file Matrimonial case against you; Restitution of Conjugal Rights, Divorce, Judicial Separation.

You can file case for maintenance under Section 125 and you can try it but you can use 498A to hackle him.
Regards,

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

Offline Rashmi DRN

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #11 on: May 24, 2016, 02:41:55 AM »
Dear Sir,

Amarnath

WIFE  STATEMENT :
I have taken all my materials and gold through police FROM HUSBAND HOUSE after discussions/sittings in Commissioner of police station in that Mahila sahayawani. I have given one statement in that mentioned because of my  job and salary am running my and child life so I don’t want to skip my job. How can I ask now  maintenance and not staying with Husband since 2.5 years then how to apply 498A….?
What is  Matrimonial case?
What is  Restitution of Conjugal Rights?
What is  Judicial Separation?

Offline adv.amarnath

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #12 on: May 25, 2016, 11:38:03 AM »
If you are employed and getting salary then also you can claim for maintenance from your husband as his salary is higher than you. Further you can claim maintenance on the basis of the standard of living.

What is  Matrimonial case? - Any  case under matrimonial dispute are being called as Matrimonial Case.

What is  Restitution of Conjugal Rights? - It is a case when filed by either spouse when other spouse withdrawn herself/ himself from his/ her society. In a simple word reconciliation order.

What is  Judicial Separation? - It is an order by Court directing both parties to live separately.
Regards,

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

Offline Rashmi DRN

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #13 on: May 25, 2016, 09:16:30 PM »
Hello Sir,

Thank you so much for your support and reply

Wife Salary 32000 and Husband Salary 55000. How much wife will get maintenance. Both parties are not having dependents except kid.

Offline advjaibansal

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Re: NEED HELP FOR DIVORCE PLEASE
« Reply #14 on: May 26, 2016, 02:19:49 AM »
Dear Rashmi,

For child the maintenance may be fixed around 10 to 15k per month, which may be shared between the parties. Further it also depends on the child school per month fee and other expenses. If its more than 10 to 15K per month then the same may be fixed and shared between the parties equally.

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

 

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