Mr. Mr.

4 years ago

Married for 21+ years. Having 2 kids. Since inception of my marriage, my wife and her mother, trying to separate me from my parents. Which I don't want to do in any case... as I am only son. Had stressful married life all these years. Every now and then my wife kept bad mouthing about all my relatives.

Had several disputes & quarrels all these years. Had a big quarrel 6 months ago and since then my wife along with both the kids leaving in different home. She, along with her parents and siblings, also polluted my both kids' minds very badly.

Currently, spending almost 70% of monthly income on them - which includes home loan installment (where my wife and kids are residing now) , monthly household expenses and both kids school / college fees etc.

Given the scenario, can I file for divorce now? if I do, will have to pay any additional maintenance to her? After divorce, if she re marry, can I stop maintenance?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You can easily file divorce petition and succeed.
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Suneel Moudgil

Responded 4 years ago

A.1. if you want to remain in the matrimonial relationship, then,
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, 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

my advise is to settle the matter and take her back to your home considering the fact that the tenure of the marriage is 21 years and two children, which means parents are in old age and the kids are in teen age,

any legal activity especially divorce will have a bad impact on the kids,

She cannot claim maintenance if remarry after divorce,

Call/mail for a detailed discussion/understanding
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