want to submit a notice for divorce
01-May-2023 (In Divorce Law)
hi,
i am residing in behala area and married guy but we almost separated in last 8 years and she does not want to lead family life with me. i want to file a divorce since long time we have separated tell me procedure.
Why filing divorce can be dangerous for men
Having gone through the problems created by wives and in-laws, many men are fed up, mentally tortured, and plainly looking for a way out of daily uncertainty that has become their life.
So filing for divorce seems like a natural way to proceed. Many of them are also misled by the wily wives (and in-laws) who tell them: “let’s file for mutual divorce”. Our straight/linear thinking professional men don’t give a serious thought to the question that if the wife wants a divorce anywhere after 1 day to few months of marriage, why the hell did she agree to get married in the first place?
No, they don’t dwell on that question much, because for them wife saying “let’s go for mutual divorce” almost seems like a Nirvana compared to the being married experience they have seen thus far.
If you married daughter from a feminist family, then once you file divorce, any or all of the following can happen:
Wife will file DV (domestic violence case), and ask for both monthly maintenance, and compensation.
Or she may file CrPC 125 and ask for monthly maintenance. Here the advantage for her is that she may or may not make that serious allegations as in DV, so she keeps one option open to show that she can still come back.
Your wife may file RCR (Restitution for conjugal rights), which means wife says that she wants to come back. Then you get trapped because in front of the family court, you appear like the dowry-seeking, not-satisfied-with-one-wife kind of husband that the old TV serials used to show. And your wife will appear to be the ablaa-naari who wants to dutifully go back to husband’s home but is so scared right now that she stays at he parents’ home.
She could simply file HMA 24 to claim interim maintenance while you run in courts for next few years trying to speed up the case. Again, she will be able to show she is the hapless woman left by husband because that story is all too easily believed by the white knights in society.
Wife/in-laws will file IPC 498A on you. This may happen before, after and any time gap with DV or maintenance cases.
Along with IPC 498a, other things like IPC 406A (recovery of stridhan), 324 (assault), IPC 506 (criminal intimidation) and such sections are added usually too.
Having gone through the problems created by wives and in-laws, many men are fed up, mentally tortured, and plainly looking for a way out of daily uncertainty that has become their life.
So filing for divorce seems like a natural way to proceed. Many of them are also misled by the wily wives (and in-laws) who tell them: “let’s file for mutual divorce”. Our straight/linear thinking professional men don’t give a serious thought to the question that if the wife wants a divorce anywhere after 1 day to few months of marriage, why the hell did she agree to get married in the first place?
No, they don’t dwell on that question much, because for them wife saying “let’s go for mutual divorce” almost seems like a Nirvana compared to the being married experience they have seen thus far.
If you married daughter from a feminist family, then once you file divorce, any or all of the following can happen:
Wife will file DV (domestic violence case), and ask for both monthly maintenance, and compensation.
Or she may file CrPC 125 and ask for monthly maintenance. Here the advantage for her is that she may or may not make that serious allegations as in DV, so she keeps one option open to show that she can still come back.
Your wife may file RCR (Restitution for conjugal rights), which means wife says that she wants to come back. Then you get trapped because in front of the family court, you appear like the dowry-seeking, not-satisfied-with-one-wife kind of husband that the old TV serials used to show. And your wife will appear to be the ablaa-naari who wants to dutifully go back to husband’s home but is so scared right now that she stays at he parents’ home.
She could simply file HMA 24 to claim interim maintenance while you run in courts for next few years trying to speed up the case. Again, she will be able to show she is the hapless woman left by husband because that story is all too easily believed by the white knights in society.
Wife/in-laws will file IPC 498A on you. This may happen before, after and any time gap with DV or maintenance cases.
Along with IPC 498a, other things like IPC 406A (recovery of stridhan), 324 (assault), IPC 506 (criminal intimidation) and such sections are added usually too.
hi, here you can contact your advocate and can tell him that to file divorce on the ground of seperation for more than 7years and if you go for the same then definitely you can have the divorce from your end, if need any help can contact me.
First you have to decide what type of divorce you want mutual or contested divorce. India grants divorce to man whose wife refused to live with in-laws. India's supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband's family. For further details you have to contact with advocate.
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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