Advice for divorce

5 years ago

I have two children ,female 9 yrs and male 8 years.From the beginning my spouse is not a responsible person.And the compatibility is very low between us . As my marriage held in my early age ,so i don't have maturity to decide and object in those days(2005). Now I am in confusion that if I separate from my spouse ,what are all the problems that me and my children have to face in future.I lost my patience and I am not able to continue with him .He is not taking my responsibility since years and not staying with us.my question is what are the positives and negatives.please help me to decide .

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Ashish K Dongre

Responded 5 years ago

A.File for mutual divorce and ask for one time settlement amount. The amount will be as per the status and income of your husband and settle your score amicably.

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ROBERT D ROZARIO

Responded 5 years ago

A.You did not mention his source of income? is he into business or service or jobless. How long you both are living separately? How you meet your needs without his financial support? What are your sources of income? Are you a housewife or into service? what's your educational background?

Since he is not cohabiting with you, means he has no interest in you and his children. In this scenario, I suggest you should file an application for maintenance u/s 125 CrPC for yourself and both your children. Court will determine the maintenance based on his income. If he is unable to pay maintenance his property will be sold to make payment for maintenance. Supreme Court sets alimony benchmark to be 25% of ex-husband’s net salary.

Speak with him what he wants to do, whether he intends for divorce. If yes go for MCD. If no, file a divorce petition on the ground of cruelty and desertion.

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Prabhakara S K Shetty

Responded 5 years ago

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A.You have to take your family into confidence and should take a joint decision. Your husband will be liable for the expenses of your children till their age of majority, and they will be entitled to shares has ancestral property.

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Anonymous

Replied 5 years ago

Thank you sir

Deepak Yashwantrao Bade

Responded 5 years ago

A.You should file maintenance suit and claim for maintenance from your husband. Kindly contact to vidhikarya lawyers

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Anonymous

Replied 5 years ago

Is maintenance suite differ from divorce

SUMSON .T.S

Responded 5 years ago

A.It will be a tough task to take a decision in thiis juncture. I advise you to take a wise decision in this point. There are many negatives and positives for you and your children, if you are planning to go for divorce. As per law you are having ampleright for getting maintainence from your husband if you are not employed. But you and your childrens have every right to get maintainence , alimony,share in the property. You can very well discuss the matter with your husband with the help of counsellor or mediators to get advice if necessary. You have to look at the future of your children and overlook of the society while taking the decision. If you are planning to go for divorce and if your husband is also willing you can file a divorce by mutual consent. I here by advice you to talk to your husband and tell him about him about the defects and how it can be solved by discussing between you and your husband for making your family to have a bright future and to live in harmony and peace. You can also get assistance from a psycholigist for settling the same or consult a family court advocate from Vidhkarya.

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Anonymous

Replied 5 years ago

Myself female family counselor and I tried n number of probabilities to change his attitude .But it's of no use .And he is saying same story since years . As a responsible mother I am waiting for his change ,but I am helpless .He is not taking minimum care and responsibilities.If he is a third grade person then he need counseling or some other way,to my knowledge he is a well matured person and no bad habits.He just want to lead a peaceful life like a bachelor.That is his only problem.If am panic know.But what about my two kids ...that is my problem.what to do .Need a permanent solution.

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