Legal Question in Family Law in India

Divorce

I have been married since 2004. Both of us are hindu, staying togther in bangalore.

We have not been getting along for a long period now and I wish to file for a divorce.

These day, i am facing lot of mental harresment.

Question

a. Do i need to stay with her after applying divorce? Is their a way she can hold me?

b. I am woking for MNC company ? Do i need to take any precautions

c. She demands me to leave the job & she will aggree to divorce me .. she treaten to creat scene near my office , how do i avoid this ??


Asked on 11/02/06, 6:40 am

3 Answers from Attorneys

Siddhartha Shah Siddhartha Shah & Associates.

Re: Divorce

As regards your query and the limited facts as naratted you can definitely file your papers for obtaining a valid court's order & decree of divorce on the grounds of mental cruelty provided you are able to establish the cruel and wrongful conduct of your spouse towards you. Preferably it is advisable to stay seperate to avoid further problems. If things are beyond control than you may intimate to the local police the said situation and the condition which you are into as regards the threats and the forceful behaviour to avoiding any further mishaps or /and unseen problems by recording the same. Peferably if you could resolve your issue in an amicable way than in that case you may approach the court by filing mutual consent petition by availing appropriate amicable legal recourse . Hope this should suffice your query in brief.

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Answered on 11/03/06, 1:23 am

Re: Divorce

dear sir,

in reply it is stated that there is no requirement to stay with your wife before or after filing the divorce case.your wife is entitled to maintence only if she is not working or if she has no source of income but she cannot compell you to live with her.she cannot hold you.you take your boss in confidence and immediatly cal the police if she create any scene in your office.you take a seperate residence to avoid the company of your wife.I donot advice you to leave the job.In case of any assistance you may cal me on mobile no.9873343288(delhi).

thanks.

siddharth

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Answered on 11/03/06, 3:30 am
sheena VC legalalia

Re: Divorce

No, you don't have to live with her if you file for divorce.If she is going to oppose the divorce you will have to have a good ground for seeking divorce.You will have to pay her alimony for the rest of her life or until she marries again.If you go for divorce under mutual consent then she may stake a claim on your assets but you won't have to pay alimony.I need more facts, it would be best for you to find a good lawyer.

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Answered on 11/02/06, 7:33 am


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