• How to get divorce?

Myself Dr Jagadish Hansa, married with Deeptimayi Kusum on April 28, 2015. I am a resident of Kuchinda Block, Dist-Sambalpur, State-Odisha.

We are separated from 16 July 2017 from a little quarrel between husband and wife. But due to in-laws it is very serious now. Both spouse and baby child are separated from that day. Then after, I have tried a lot to mitigate the problem and sort out and find out an amicable solution for our married life.
1)	Personally visited in-laws home for a solution in July 2017, instead of a solution my wife physically assaulted me in-front of my parents and in-laws. She denied even to see my baby girl (Video record of whole incident proof is with me) 
2)	Made a society meeting to make her understand and mitigate the problem in Sept 2017. On that day, she didn’t come to join the meeting even. At last society personnel had given a written statement on my behalf having 60 members signature. (Proof is with me)
3)	 In Dec 2017; Inspector in charge of my residential block Kuchinda had also counsel both of us related to our issue. Even that also not worked. (Counseling report is also with me)
4)	 In Jan 2018; again personal visit to the working place of wife i.e Kuchinda Girls High School. Took help of head mistress to make a solution, but ultimately get failure.
5)	Still March 2018; I have tried every possible contact to deliver a solution to married life through different social platform, Message services as well through postal services. But from that side nothing is replied and received.
6)	Then on July 2018, applied for prelitigation case to conciliate the situation at Sambalpur prelitigation and conciliation Lokadalat, District legal services authority. After several notice from Adalat; they were absent and at last case was closed due to lingering more than six months.
 
Though she is a Govt teacher, till date she and in-laws not tried to find out a solution. Now my girl child is almost 2years old. I have heard from many that she is telling to everyone that “she will not give divorce”.

To clarify you all, I don’t have any criminal records.

My question is how to get divorce, I am fade up now. I am frustrated; I don’t want any relationship with that lady now. How to save my child from her custody?

What is possible outcome of this situation? How to get rid from this lady?

Kindly Help
Asked 2 months ago in Family Law from Kuchinda, Odisha
Religion: Hindu

Hello, 

 

On 16.07.2019 you will complete two years of separation and on this ground along with the ground of mental cruelty you may file a petition for divorce under section 13 of the Hindu Marriage Act

In light of the facts as told by you I believe that you do have a strong case and divorce will be granted. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

You can file for contested divorce and get the same through court. Even if she doesn't attend you will get exparte divorce

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

File a divorce on ground of cruelty and desertion against the wife as there is clear desertion.and cruelty from her side and the proof of same is available.

Further in divorce petition file an application for child custody also.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

file for divorce on grounds of mental cruelty and desertion 

 

2) wife refusing to stay with husband amounts to mental cruelty 

 

3) wife refusing to stay with husband for continuous period of 2 years amounts to desertion 

 

4) rely upon messages exchanged with wife , audio  , video recordings to make out a case 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Not capable of living or working together happily or harmoniously to a person is not a ground for Divorce.

The following are the Grounds for Divorce under the Hindu Marriage Act, 1955

  1. Adultery
  2. Cruelty
  3. Desertion - continuous period of 2 or more years
  4. Conversion - to a religion other than Hindu
  5. Mental Disorder - abnormality
  6. Leprosy
  7. Venereal Disease
  8. Not Heard
  9. No Resumption of Co-habitation

If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated.

 

So file a custody application before the family court . Also file a divorce case .

Ajay N S
Advocate, Ernakulam
3154 Answers
64 Consultations

5.0 on 5.0

yes, file a divorce case on the ground of cruelty and desertion. She is not entitled to maintenance as she left the matrimonial house of her own free will and refused to consume her conjugal obligations. You will not receive the custody of your child as your child is below 5 years. 

Robert D Rozario
Advocate, Kolkata
24 Answers

5.0 on 5.0

Dear Sir,

If you have filed application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.

If inspite of  court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.

The domestic violence and dowry cases  filed by your wife would be more an after thought.

Inspite of court orders she refuses to stay with you, then you can file for divorce.

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

Respected sir... 

As above stated by you she is Harrashing you so much but sir laws in India are very inadequate towards men.. I will advise you to file a divorce petition under section 13-A of HMA and in that if she comes to court then well and good and if she don't the ask the court to pass an extra party decree... Your problem will be sought out in this way only... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

you can file divorce on grounds of creulty and desertion. 

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

1) contested divorce cases take 5 years to be disposed of 

 

2) there are no short cuts 

 

3) you have to prove allegations made in divorce petition 

 

4) wife is entitled to maintenance if there is substantial differences in your incomes 

 

5) wife is not entitled to your assets . She only has right to stay on her matrimonial home 

 

 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

If you go for a contested divorce then it will take 2 to 4 years. 

This proof has to be  clear and convincing evidence. Then, a judge can grant the divorce on this ground. 

working and well earning woman not entitled for maintenance. 

She cannot take away your assets except by order of the court or as a settlement towards alimony/maintenance in maintenance proceedings that she may file. After divorce she cannot claim anything from you.

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

1. It may take 2 to 3 years if she contests other wise you will get exparte in one year. 

2. She can ask maintenance but as she is working you can object on that ground. 

She doesn't have right on your wealth but she came seek alimony. 

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You have to file it and contest it and level allegation of cruelty agaisnt her.

1.  It will take 2 to 3 years to settle for divorce.

2. See proof of cruelty and desertion have to filed.

3. See if there are no proof to support your allegations the. The divorce may fail.

4. She can file for maintenance though since she is government employee same can be contested.

5. No she has no right in your property.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

You can file a contested divorce case on the grounds of cruelty and desertion

You can compile all those information from ther day one that had taken place between you both chronologically and put them as pleadings in the divorce petition depicting her acts of cruelty.

You may discuss with a local advocate and proceed on the further advises rendered by him

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1. You have to fight hard and prosecute the case properly, it may take at least two to three years to get disposed.

2. You can narrate all those cruelties she committed against you in your pleadings in the divorce petition.

3. First of all file the divorce case and conduct the case properly after which you can decide about further strategies to win the case.

4. You can refuse to give her maintenance in case she is asking for it on the basis of her employment and salary income.

5. No, she cannot claim anything  as a right at least not during your lifetime

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed and mentally as well as physically tortured by her even after several attorneys of reconciliation with her.
  2. This all are the reasons to call it or add the cruelty ground with the federation ground to file divorce petition against her.
  3. You will definitely get the visiting rights by the court of law to see your child but not full custody as of now, but yes if you can show some grounds as per law that she is not fit to keep the hold with her then you might get the permanent custody of the child also.
  4. She can only get the maintenance for your child only not for herself as she being a government employee.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

Dear

You should file the divorce on ground of physical and mental cruelty towards you by your wife. 

Attach every evidence which you have till date about meeting and ignorance from your wife.

After getting divorce file a case of custody under guardian and ward act on ground of abusive nature of your wife and in-laws. 

It can take 3 to 5 years to get divorce but if evidences are strong and she will not come for hearing as she didn't showed up for mediation you can get Ex-parte divorce in 2 years. 

The evidences of your efforts to bring her back and video of physical abuse you have of July 2017.

She cannot claim maintenance for her but she can claim maintenance for child. And she cannot claim your property.

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

1. 2 years 

2. Depends on the facts that will show the mental cruelty. entire set of facts will have to mentioned 

3. No, i do not think so 

4. Yes, she can. But if she has the capacity to earn then the court will not grant the same 

5. No she is not 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

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