I want to divorce my wife. And i don't want to live with her. I left her at her parents house. Now i want to consult a lawyer in between. But her family is forcing me to live with her. And i have fear that if she will be living with me while i file for divorce, she will create a scene and may try to frame us. And if i will not accompany her with me. Then her family will try to frame us. We are under great stress. Please suggest what to do and how to tackle this situation.
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Dear Querist
If it is your final decision to get divorce from her and you are not feeling safe to live with her then immediately file a divorce case before Family Court without any delay. if after filing the divorce case she filed any false cases against you or your family to framed or implicate in false cases then no need to worry, those case will be counter cases and these case will have not be strong.
contact personally or over the phone it will be better for best advise.
A decree on a petition can be passed by the court if grounds of divorce as provided under HMA are available to the petioner. You have not mentioned the reasons why you want to take the said decision so as to advise you whether the task for you shall be easy one or not. Nevertheless if you have concluded that your marriage can not be saved you can go for it. In most of the cases it is seen that the girl is advised by her counsels to take retaliatory actions by resorting to dowry harassment complaint, DV complaint, maintenance etc. You should be prepared for that. It is always advisable to go for a mutual consent divorce by bringing around the girl in accepting it even if there is demand for compensation.
If you are on firm decision file a petition for divorce on the ground of desertion and cruelty . But if she contest you won't get divorce and will take long years if you give sufficient evidence for your pleadings. Convince her and try by mutual consent.
if you have decided for divorce then file it. as you have not mentioned the reason hence you could not be adviced for ground but mind it what ever ground you take you have to prove in court. so better convince her for MCD. you may call for brief
1) what are the reasons why you want divorce?
2) when was marriage solemnised?
3) if your wife is not willing to divorce you then it may take years for you to get divorce .
4) if you file for divorce in order to harass you your wife may file 498A / DV cases on you and your family members .
5) amicable settlement is the best option .
6) go for divorce by mutual consent .
No one can be forced to live with his spouse. Even a court of law cannot force an individual to live with his spouse. Is the house in which you are living with her under your ownership or it is owned by your parents? If it is owned by your parents then your wife has no right to live therein except without the consent of your parents. Since you have left her at her paternal house you she will need the orders of magistrate to re-enter her matrimonial house. If she does not agree to mutual divorce then this is the right time for you to unilaterally file for divorce.
If she frames you in any case then obtain bail to obviate the likelihood of your arrest. Once the clouds of arrest dissipate you can successfully contest her claim on merits. Take the bull by the horn as the more you run away from it the more pampered it will be.
1. No. You will not get the decree of divorce if 'you want to divorce your wife' without any legally accepted reason,
2. There are grounds specified in the Act based on which you can seek the decree of divorce and one such ground is cruelty,
3. Collect enough evidence to prove your allegation which will form the ground for seeking divorce like audio, video recordings, text messages etc. after which file a divorce petition,
4. Certainly your wife will counter your such act by filing complaints and cases against you which you shall have to bear with,
5. Contact a local lawyer to chalk out your litigation planning,
6. Best thing will be to talk to your wife and go for mutual consent divorce by paying her adequate compensation, if she agrees to.
You can file for divorce on the grounds available under HM Act,if you have finally decided for the same. She may also file cases under sections 498A,406,etc,various sections under DV Act,claim for maintenance etc. against you and your family members.Best course would be to convince her for MCD, the least time taking i.e. 6 moths to one year in comparison to contested one which may take years. If you wish may contact in person for detail discussion and legal help in the matter.
