Divorce advice India

4 thoughts on “Divorce advice India”

1. I was married on 12-March-2006.We both are not at all happy with each other we have 3.5 yr old child and we I love him a lot and that’s why for last 3 years I am tolerating my wife. She is the one who does not ready to understand anyone and that’s why her family also does not like her. she always disrespect my parents and because of her my parents left me so I will save my married life.

   now we both want to separate as we understand we will not continue life together so we want a mutual divorce but I do not want to give my son to my wife. please advice.

2. My question is regarding the time needed for getting a contested divorce in India.

   I was married in January 2009 in Kolkata by the Special Marriage Act.

   I was working in the US in August 2011. My wife filed a false complaint of domestic violence and got me arrested. I was fired from my job. But she left for India with our daughter (3 year old now) before the case went for hearing. I was acquitted and the case was closed and sealed. I have the final order copy of the judgement. My employer agreed to revoke my termination and allowed me to voluntarily resign my position for which, they took an undertaking from me stating that I will not sue my employer for my initial wrongful termination. I came back to India in September 2011.

   I filed for divorce on grounds of cruelty in November 2011 in a court in Kolkata. The first hearing was in February 2012 and up to July 2012; the other side did not show up in court. The judge was about to consider the matter ex parte, when in September 2012 the other side finally replied to the original divorce petition. They contested our grounds for divorce denying all allegations of cruelty and filed counter charges of cruelty against myself and my family. However, the other side also pleaded for dissolution of marriage through a divorce decree, stating she does not wish to continue her marriage due to failure of all conjugal ties and cruelty on my part! Once again in the next date in October 2012, the other side did not show up to court. The next date is in December.

   In an interesting development, in April 2012 I learnt from my wife’s childhood friend that my wife is staying in Bangalore with my daughter and is living with her former boyfriend. I had the matter professionally investigated and I found it to be true. I have photographic evidence of my wife in close physical contact with an unknown male person on the roadside in Bangalore; holding hands, touching each other, putting arms around each other while walking and also going back together inside the same dwelling. Also, my daughter evidently is going to a school in Bangalore. Hopefully, this proves that she no longer wants to live with me. My lawyer has not yet presented this evidence in court.

   Please comment on my current situation and whether I have enough evidence to prove my grounds of cruelty and also whether my case is moving in the correct way, as to how much more time will it take for the divorce to be granted. If the other side shows up to testify, will my evidence hold against them and for how long can they continue their no show?

   Thanks

   Subhadeep

3. Salam,

   I am Sara khan. I belong to a Sunni Muslim family. My elder sister Sofia khan got married in the year 2004.at that time she was preceding her master degree in maths. She stayed with her husband 10 days after marriage and came back to our house for her studies. In between her husband went to Saudi Arabia for his job and came back to India with reason that he lost his job. But he was not staying with my sister. After completing her course my sister went to her in-laws house but they again send her back after one month with the reason that some relatives are coming and the house is very small and they had a conflict with this marriage. After that my sister started staying with us. In between my brother in-law was coming for one or two day after each two three months. He was always forcing my sister to find a job for herself and pressuring her to his job in gulf with the help of our cousins who were already settled there from years. My brother in-law did not pay a single penny to my sister as maintenance during this period. After two years my brother in-law got a job in Dubai with the help of my relatives. He was always harassing my sister for money and share in our parental property. He was always demand gift and cash from my sister. In between my sister also got a job in another city of UAE which was far away from the place where my brother in-law was working. My sister was staying in the accommodation provided by the company where males were sickly not allowed. When my sister reached to UAE and started earning good salary my brother in-law started torturing her salary. Day and night calling her and asking for money. Under such circumstances my sister stops attending his calls and talking to him and his family members and even responding to his mails also. There was a complete silence from her side. After the expiry of her visa she came back to India a month before. Now my brother in-law sent the divorce papers to her with the grounds that
   First She doesn’t want to stay with him.
   Secondly she went to gulf with out his acknowledgment.
   Thirdly he wants a housewife but she was working without his wishes.
   Fourth he wants the jewellery and other things back which my sister’s in laws gave her at the time of marriage.
   Now the point is that all the blames are wrong as my brother in law gave a no objection letter to my sister to work in GULF. that letter is still with her.
   When my relative through whom my brother in law got the job in gulf send a copy of his visa to sister which is still with her.
   The most important is that when my sister got married after that my brother in law hardy gave her any amount of money as maintenance except few cheques of four or five thousand rupees he send for four to five times. She was in his Nikah for nearly ten years. She was a working lady but before joining job in UAE she was not getting enough salary to bear her expenses properly and always lending money from others but my brother in law was least bothered
   So will she be eligible for ten years maintenance or any other monetary benefit?? When she received her divorce papers she had already lost the job and still she is jobless.
   My brother in law still did not pay her Mehar and Iddat money. How can we claim for this?
   Will my brother in law deserve any legal punishment for divorcing my sister with non sense grounds?
   What is country Muslim and what is “shariyah” about this??
   Please help us. Thank you for your time and consideration, ALLAH HAFIZ

   SARA KHAN

4. I am a married woman of 30 years.Both myself and my husband are software engineer. Because of an onshore assignment,I travelled to USA an year back. My husband consented me to travel. He even dropped me at the airport when I was travelling. Coming here also, we used to call each other, chat through webcam etc regularly. However, from October’2011 he is asking me for divorce. He is showing me multiple reasons like: i cannot adjust with his parents, i had a past relationship which he cannot forget (please note that I only told about my past relationship before marriage and he was okay with it), we are very different from each other etc. Now my assignment is complete and i will be travelling back to india. However, he has said to tell my parents that we should go for divorce. When i told him to talk to my parents or let his parents talk to mine about this, he did not agree. He wants me to talk to my parents about divorce. he has also told me that he is not interested to talk to me alone about our problems, neither does he want any marraige counsellor advice.He said his parents are okay for his divorce and he wants immediately to start the process. His behavior to me has been very rude and offensive. He is not in touch with my parents and doesnt want me to call him or be in touch.

   Under these circumstances, since i do not have option other than divorce,i am looking for advice as to how to get a divorce under mutual consent. Also, how should i go about it? How much approximately will it cost and how many months will it take?