Can I file for divorce.how much % will be the chance that divorce will be granted
4 years ago
I was married in nov 2017 . I am jobless since last 2 yrs with some debt as well.my wife is a gov high school teacher in jharkhand.i had a premature child in 2018 whi was dead in just 1 months.then there is a quarrel started between both of the family and between both of us as well.now she is living in her parents house since April 2018.she used to come on vacation and festivals.but now she is refusing to come to me.she also insult me and my family always.both of us stopped talking to each other from last 3 months.and now she and her family intimidating us that they will go to court.so can I file a divorce to her reason being she is also refusing to divorce me because she wanted to ruin us.she and her family not wanna compromise at any cost.they forcing me to live with her in her parent city where her job is posted.but I don't wanna live my parents house.any suggestion will be apprecited.thanks
Md Shafiuddin Yakub Ali
Responded 4 years ago
In your case both wants to separate. So apply for mutual divorce. It is easy and quick procedure also.
You can opt for divorce easily. If she is willing for divorce file a mutual divorce and if not then file a contested divorce.
Thank you
Instead of filing divorce you can file maintenance suit under the following provision of law by this you may get either maintenance or your wife only come forward to give divorce to you.
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PLEASE GIVE ME RATING AS RANK 5
Husband Seeking Maintenance from Wife can be treated only as Exceptional Case
Case name: Nivya VM v. Shivaprasad N.K. (Kerala High Court)
In this case, the husband had sought maintenance pendente lite from the wife under Section 24 of the Hindu Marriage Act, 1955.
While determining the facts of the case, the Court made the following key observations pertaining to maintenance claim by husband.
• That under Section 24 a petition can be filed by either wife or husband who is without any employment and no source of income to support pendente lite maintenance and litigation expenses from the other spouse, who is capable of providing the same. So a petition filed by the husband for this purpose is perfectly maintainable by virtue of the wordings of Section 24 of the Act.
• In the case of wife filing an application for maintenance from the husband, unless he is able to establish that he is permanently disabled from getting any income, he cannot be exonerated from the payment of maintenance to his wife.
• That a husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or obligation to maintain the wife and vice versa is only exceptional.
Anand S. Pandey
Responded 4 years ago
A wife forcing her husband to stay away from his parents is a ground for divorce. You should send a legal notice asking to call your wife back to your house at this stage.
Later on, you can approach the court for following:-
a) Restitution of conjugal rights,
b) Contested Divorce or
c) Divorce by Mutual Consent.
Take the action from your side before she acts on it.
Sonu prakash Joshi
Responded 4 years ago
U r not talk me about ur job.
U should be take action in court h.m. act sec.9.
Then after take mantinanessin 125 to ur wife.
Adv. Jamal Sait
Responded 4 years ago
Wrong address
live in relationship
NRI fraud
Spouse having affair in her office
Divorce
