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  1. Ravi
  2. Marriage
  3. Thursday, May 25 2017, 01:43 AM
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Hi,

I am in a difficult marriage. Sometimes I think of asking for divorce, however I do not get support from my family and parents. My wife is ill tempered and also is under compulsion to stay with me.
In case I decide to separate and she decides to file domestic violence case against me in order to create pressure to bring her back. In that case would the court take my family's
opinion into consideration . In summary will my family's support for her act as a detriment for me to get separation.

Thanks
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Dr Katta Accepted Answer
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1) In case your family members depose evidence against you, it may be helpful to your wife.

2) But any document obtained in advance may not be helpful, unless testified in court by the maker of such statement.

3) In case both agree, Mutual Consent Divorce (MCD) may be filed lest contested divorce. To file MCD petition, completed one year of marriage with the consent of both is essential. MCD may take 6-12 months for divorce decree whereas Contested Divorce minimum five years. For contested divorce, minimum two years of legal separation with VALID GROUNDS and evidence to prove so are necessary. Points stated should be supported by evidence to prove on mental cruelty.

4) When the marriage cannot be saved, wife may file 498A and DV cases besides 125 CrPC, 24 of HMA for maintenance with full facts and evidences without delay to make the husband agree to her terms or realize the ground reality.

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  1. more than a month ago
  2. Marriage
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Ravi Accepted Answer
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Hi Dr Katta,

Thank you for the clarity. One additional question. As you mention DV can be used to hold on to the marriage. Can charge of insanity of husband be used to file DV by a wife. Is this easy to prove. What kind of proof would she need . Or would such a charge may prove to be counter productive to get back in marriage.
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  1. more than a month ago
  2. Marriage
  3. # 1
Ravi Accepted Answer
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Hi,

thank you for your reply. I have not decided whether to take step for divorce or legal separation.
As you say my family's opinion may prove detrimental.
My query is will my family be questioned by court when I file case.
Is it that my wife may use their support while filing counter case as DV. It is helpful to know as maybe I can obtain an understanding document from my family in advance that they are aware that I have never committed any physical violence on my wife last many years of marriage. Hence in future my wife cannot use them to support her claim.
Please let me know how to avoid this problem

Thanks
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  1. more than a month ago
  2. Marriage
  3. # 2
ranjan kumar Accepted Answer
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your query is not clear. on which ground do you want divorce??

if it is on the basis of cruelty then onus will be upon you to prove it and in that condition the the opposite opinion of your own family members will prove detrimental to your case.

in case you take first step then certainly your wife will use the option of D.V.Act.

for any further clarity you can call during on office/court hours.

Ranjan K.
Delhi High court
8588878915
ranjan
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  1. more than a month ago
  2. Marriage
  3. # 3
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