Want divorse
4 years ago
Hi
I am separated from my wife since last 18 month. Our 12 yers son is with me and don't want to live with my wife. Beyond this my 76 yers mother is with me. My wife is a only child of her parents. Their finanancial condition is very much better with compare to mine. She has very short tempered and having quirel frequently. She don't do any house works.my mother taking care of all home responsibilities. I will try in last 18 months to sattle the matter, with meetings with olders from both sides, but they also supporting her. In meetings I explained many time just want she take responsibility of routine housework and live happily but her family also argument with my sisters. One more thing we had go through ADR in 2015 in family court but she is not agree to live with that terms and conditions also.she don't want give divorce also. Sir due to this condition my career is affected badly. I had to leave my good job as it was lots of traveling and in home only my son and old mother is there. Pl give me any suggestion as all laws are in women's favour.
Get issue a legal notice to your wife and ask her share 50% of educational and other expenses of your child which may make her angry and come and return with you silently
Anonymous
Replied 4 years ago
Thanks sir,
should it possible?? because she is not working and financially dependant on her parents.
Suneel Moudgil
Responded 4 years ago
try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
2. if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, desertion but it will take around 4-6 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV, etc
Call/mail for a detailed discussion/understanding
Anonymous
Replied 4 years ago
Thanks sir
I heard about desertion, if I wait for 6 month more. Shall it will be easy in my case..? What evidance I have to collect.. Pl advice
Suneel Moudgil
Replied 4 years ago
why wait for six months? file now on the basis of mental cruelty and in case there is no documentary document, you can state living separately for 2 years.
Wrong address
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