When can I get divorce from my wife?
I got married in feb 2013.. No child.. Wife called police at home and lodged nc.. Then she complaint in mahila shakha and other police station.. Then she took me at psychiatrist to check my mind.. Then she told cops to dhamkaaving me for 498a but they didn't register the case.. Then after this i send her short notice through my lawyer not to harras me.. Then they immediately filed RCR with allegations on me n my dad.. But i don't want back her and so i filed for divorce and she filed for maintenance under HMA 24.. On 5th apr 2016 my last counseling is there.. So how should i proceed and what will be the reply of my wife against my divorce notice..?
Asked 2 years ago in Family Law from Mumbai, Maharashtra
You have to attend counselling now where the counsellor will try to reconcile your differences. If you do not want to continue further with your wife then you can inform this to counsellor whereupon she will return the file to the court for disposal in accordance with law. Nobody can tell what will be her reply.
1) wife will file detailed reply denying allegations made in complaint
2) both divorce and RCR cases would be clubbed together
3) you have to prove allegations made in your divorce petition
4) you have not mentioned whether your wife is working or not . working wife is not entitled to any maintenance
The trivial issues and ego clashes between you bot developed to a great matrimonial dispute which is at the loggerheads with no chance for any amicable solution and neither of you want to reconcile or bury the difference of opinion.
She has filed RCR and you have filed divorce. In your divorce case she has filed maintenance application under section 24 HMA.
You have to wait and watch her reaction to your divorce case, since she has filed RCR, she may not agree to the allegations and she may strongly deny all the allegations as well as refuse to give divorce.
You may have to fight out your divorce case based on the merits in your side i.e., her harassments through mahila and police etc.
you should state some more details regarding her plea in divorce petition so we can give more fruitful advice. By the way you should try to prove that she had made false allegation against you in many previous occasions. your marriage cannot be restored and faith in the nuptial knot became vanished.
you have filed divorce petition so you should defend your petition at every cost and oppose her petition for restoration of conjugal rights.