Divorce Divorce

4 years ago

Dear Sir/Madam

My sister hubby getting doubt on everything and if she went washroom for washing clothes also he is getting doubt.if she went out for vegetables,medical shop and he is asking how much time you will take for that?
Each every small matter he is getting doubt.My sister wants to die but we adviced for her take divorce.

What is the process for this case.
What we have to do in this case.

Please suggest us.

Suneel Moudgil

Responded 4 years ago

A.if your sister wants to remain in the matrimonial relationship, then, ask her to,
try to settle the matter amicably with the husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if she wants to terminate the matrimonial knot, then,
try to settle the matter amicably with the husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with their own wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if efforts for MCD fails, your sister is advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (rights to claim residence, protection, compensation, maintenance, etc)

Call/mail for a detailed discussion/understanding
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
Married woman having support of several enactments and ask her to file domestic violence case seeking following reliefs.
=============================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Upadhye & Associates

Responded 4 years ago

A.First of all I will suggest you to get them both for counseling
And after the counselling if there is no solution let the both go for mutual consent divorce
But for this they have to complete one year of marriage and one year of separation also
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Vidhi Samaadhaan Vidhi Samaadhaan

Meenakshi Garg

Responded 4 years ago

A.Dear client
If you have decided to take divorce then you can go for mutual consent divorce in this both the parties have to get ready to divorce each other and other way is contested where your sister can file a divorce petition against her husband and fight it till the time she gets divorce.
Further, I suggest you to talk to your sister and involve some elder person in between so that mutual divorce can be taken.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 4 years ago

A.Dear sir no need to take divorce but if you appointed any counselor for her then it will be possible. Otherwise if you want divorce then file divorce by mutual consent get divorce in just six months
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