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VEDA
Joined: Tue Aug 31, 2010 11:14 pm Posts: 12
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Hi all,
Experts plz go through and give ur valuable advices/opinions....
In 2007, june 30 I was married. Frm the Day 1 she never allowed me to have intercourse with her. when I asked the same to her she told she is not intrested in after marriage life(in particularly intercourse). Then I told her to say the same thing to her father she said i am scared and i cannt tell. when i floated up this issue in a span of 2 years we had around 5 sitting with the marriage elders and in all the sittings the marriage elders pacified us and sent her back with us.
Later 1 day i insisted her on intercourse, she said i am not interested and attempted to suicide. i was scared and informed the same to her parents and after couple of days she left my place and went back to her mother place.
On March 2010, I applied for divorce without sending a divorce notice becoz she said she is not intrested in marriage life on the grounds of Cruelty and Dessertion. For the same they had filed 498a, DVC and Maintenance on 8 of my family members. I was told to pay 2000 as monthly maitenance.
Recently while we are attending court, my case was sent to DLS(district legal services) regarding councilling. I told my concern that she is not intrested in intercourse thats the reason i applied for divorce. Later when the judge asked her is that true wat ur husband told. Then she answed no, i had participated in intercourse with him. Then the judge said u need to go under a test if u r proved guilty u have to issue him divorce and if he is proved guilty we will issue divorce for u and permenant settlement. when asked about our wish status, we both said we no more like each other, have no intrests on one other. During the end of the counciling she said she is not intrested in tests and left the place. After this happned my case was again sent back to family court.
My questions....: Will I get divorce on cruelty and dissertion. Will I need to pay any kind of alimony/compensation to her Will the family court pass on any orders for any medical test to her based on my allegations during arguments Every where she goes, she says that she had sex with me wich is not true.....will this make any impact on my case. wat are the possible questions i should get ready with.
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| Sun Aug 19, 2012 10:19 am |
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galsober
Joined: Mon Sep 13, 2010 6:30 am Posts: 2883
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Will I get divorce on cruelty and dissertion. >> U applied on these grounds, onus of proving is with u. If u successfully prove the allegations, then u wil get divorce. But remember, contested divorce is very rare n very delayed in India
Will I need to pay any kind of alimony/compensation to her >> Again a matter of trial. Many factors count. If u prove cruelty n desertion, no compensation is to be paid
Will the family court pass on any orders for any medical test to her based on my allegations during arguments >> From ur description it seems that she may be having some premarital+extramarital affair. At the most, medical tests may prove that frequent intercourse has happened or not.
Every where she goes, she says that she had sex with me wich is not true.....will this make any impact on my case. >> Again a troubled area. If she is proven to be a virgin, then ur divorce-claim stands. if proved o'wise, no light ahead. Still i suggest that concentrate more on MCD way if possible. gal
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| Mon Aug 20, 2012 6:20 am |
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VEDA
Joined: Tue Aug 31, 2010 11:14 pm Posts: 12
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Thanks gal bhai for quick response.... when the council asked her that " is that true that u had not participated in intercourse with ur husband" then she was not telling anything, kept silence and later said i did with him.
and wat is MCD?
thanks and regards
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| Mon Aug 20, 2012 10:58 am |
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srkraidu
Joined: Tue Apr 13, 2010 12:38 am Posts: 1256
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In addition to what gal told
MCD - Mutually Contested Divorce - Read more matter available in forum before putting questions.
You go back to the court where it is directed to. The judge seems to be in your favour.
However if a male contests the divorce case, he is supposed to pay maintenance in most of the cases. But in your case (I don't have any idea) I opine the judge has to decide.
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| Mon Aug 20, 2012 7:47 pm |
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galsober
Joined: Mon Sep 13, 2010 6:30 am Posts: 2883
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srkraidu wrote: In addition to what gal told
MCD - Mutually Contested Divorce - Read more matter available in forum before putting questions.
You go back to the court where it is directed to. The judge seems to be in your favour.
However if a male contests the divorce case, he is supposed to pay maintenance in most of the cases. But in your case (I don't have any idea) I opine the judge has to decide. Picture not so bleak, dear! I am contesting divorce case, but not paying maint-money in any case..........reason is twosome: 1. Sweetie is govt employee, earning 40k pm 2. Child is wid me So, merits also put some weight gal
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| Tue Aug 21, 2012 9:31 am |
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harassed.by.inlaws
Joined: Tue Apr 19, 2011 4:00 am Posts: 686
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God is great galsober and you seems to be dear child of him. all the best :-)
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| Tue Aug 21, 2012 10:43 pm |
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