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How to initiate divorce proceedings from wife
30-May-2023 (In Divorce Law)
I am hindu and only son of my parent. My father was dead in my childhood.My mother is pension holder and I doing job in private sector. I did arrange marriage two years ago. But for cruel and aggressive behavior of my wife especially on my mother 7 Month ago I filled divorce. After filing divorce she filed false 498a against me and my mother but we have got anticipatory bail from the court. After that she filed 125, CR case and false Domestic violence. I give all her ornaments to the police and took seizure list also. Near about 8 month me and my wife staying separate. But now she give a petition in front of Court to stay in matrimonial house. But I can't stay with her because if she stay with me again she will harass us by filing false case. And her cruel attitude is dangerous for my and my Mother's daily life. How can I avoid to stay with her and how can get divorce from her?
Dear client,
As per your details you have ample ground to get divorce from your wife as your wife has already filed a divorce case against you and has falsly implicated you in 498 A and Domestic violence act cases .Apart from that she has also taken her stridhan from you and at best she can claim permanent alimony.
As per your details you have ample ground to get divorce from your wife as your wife has already filed a divorce case against you and has falsly implicated you in 498 A and Domestic violence act cases .Apart from that she has also taken her stridhan from you and at best she can claim permanent alimony.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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File a divorce case against her. As per your views I am sure that she will contest the divorce. Have you done any gd in local ps? If not, try to lodge one. That will make the divorce case strong.
Regards
Regards
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Adv. Tathagata Sarkar
Kolkata | 100+ Answers
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I think there may be some mistake as you say your wife file a petition in the Court to stay in matrimonial house. But as per my knowledge is concern, during the pendency of Matrimonial Suit, the Court can send the Case for Reconsiliation when either of the Party say that he or she is willing to continue matrimonial life with the petitioner or Respondent. No Particular Petition is needed in such situation.
However, you should proof your Case against your wife, There is no provision in the Matrimonial suit particularly in Divorce Case upon the Judge to direct the Petitioner to reside with the Respondent. Therefore, don't worry about it. Your conducting Lawyer will tackle this situation carefully. It is better to consult with him.
However, you should proof your Case against your wife, There is no provision in the Matrimonial suit particularly in Divorce Case upon the Judge to direct the Petitioner to reside with the Respondent. Therefore, don't worry about it. Your conducting Lawyer will tackle this situation carefully. It is better to consult with him.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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