• Divorce

I got married 4 years back. Last 4 years were struggling period. I like to apply divorce now. I searched google. But did not get all at one place (not clear details too). Like to know the below details
1) If i apply divorce on cruelty(mental) ground, What are the different direction of the counter side appeal? (Currently no chance for Mutual as they are fully money minded)
2) If the case end with not fruitful to my side, Shall i re-appeal again / how to proceed further?
3) How much they can ask for alimony? If counter side ask more alimony then How to make agreement on that part?
4) I have son of aged 4, Is that possible to see my son after divorce? Do i need to get special permission for that from court?
5) For Last 6 months no communication between us. Is that separation period needed for divorce?
6) Whatever be the judgement, I am clear about my decision. So. Do the law, force me to live with my wife even i am not willing?
7) If the counter party use IPC-498a, what action needs to be done from my side as i heard that its criminal case. (I gave all her assets 2 years back itself).
8) Its really hard to show-off/gather proofs as its family related. Does court need proof for everything?
Note : I am a lay man and dont know about the special words used in the lawyers world. I may used inappropriate words (like appeal). Please bare with that,.,, Thanks in advance
Asked 4 years ago in Family Law from Thanjavur, Tamil Nadu
Religion: Hindu
1. She can contest the case by making counter allegations.
2. You can appeal in the high court against the order passed by the trial court.
3. There is no upper limit, It depends on financial capacity of the husband  and need of the wife.
4.Yes, for which you can apply u/s 26 of HMA in the court where divorce suit is pending.
5.2 years separation is added ground. For cruelty ground no separation is required.
7.Take bail and fight the case on merit.
8.The more proof you can show, the more advantageous position you will be in.
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

You can apply for divorce but do you really have sufficient ground to prove your allegation? It might take years before you get such order. 
Other side (if not interested in divorce) might prolong the case by counter case as well as allegations.
You will definitely get visitation right of your son through court. You can try for full custody too at a later stage if you can prove that your son is not properly taken care of. You will have to apply separately in the court for that.
he court can not force you to stay with your wife.
Amount of maintenance and alimony is decided by the court considering various factors and not as demanded by the parties.
Fight any case on merit.
Rajni Sinha
Advocate, Mumbai
330 Answers
34 Consultations

4.6 on 5.0

1) you can apply for divorce on grounds of cruelty but you have to prove the allegations in court . please note that contested divorce petitions take years to be disposed of . 

2) if family court  dismisses your petition you can file appeal before HC 

3)you have not mentioned your wife qualifications whether she is working or not . your income , your life style . court considers various factors while deciding alimony amount . 

4) you can apply for visitation rights for your son .

5) for divorce by mutual consent you need to stay separate for one year . if you file for judicial separation it is 2 years . 

6) you cannot  be forced to stay with your wife . 

7) if wife files 498A , obtain anticipatory bail . fight case on merits . 

8) yes you need documentary evidence to substaniate your allegations . you have to prove by testimony of witness that wife has committed acts amounting to mental cruelty .
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

1. If you apply for divorce then a notice will be issued to your spouse wherein she will come to contest your case. Court will not grant you divorce unless you prove to the hilt all the allegations in accordance with law. 

2. You may challenge by way of an appeal in the higher court the judgment of court refusing to grant you divorce.

3. They can ask for moon. It is for the court to decide the reasonability of the amount having regard to the facts of the case. Many factors enter into the area of consideration for court before it forms a judicial opinion on the amount to be awarded.  

4. Divorce brings to an end the relationship between spouses, not between parents and children. You can certainly meet your child after divorce. You may have to apply for child custody if your wife does not allow you to meet your son.

5. No separation period is required in case you have to apply for divorce without taking your wife on board. 

6. You cannot be forced to live with your wife. 

7. Obtain bail for yourself when they file a criminal case. 

8. A court of law can pass an order only on the basis of proof submitted to it,. You will have to lead evidence in support of your allegations in court.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

any acts of the wife which s not suitable for peaceful life of a married couple. Such acts which cause mental agony and torments to the spouse also falls under this category.
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

thanks for your appreciation . the Supreme  court had held that mental cruelty can cover acts such as a wife not cooking for her husband or consenting to sexual intercourse, but such acts of rebellion must be on a regular basis and not one-off. 

Mental cruelty can particularly be defined as that conduct which inflicts upon the other party such mental pain as would make it not possible for that party to live with the other.”
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

You should contact a lawyer personally
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

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