Legal Question in Family Law in India

Re: Divorce & Separation

I am married for the last 5 years,,we had differnces from the ist day due to my wife's problem regading her body parts,,she was having sagged belly & breasts at the time of marriage, i did not like her on first night but still i managed to live with her ,,after 2 years with mutual consent we went for her breast reduction surgery with the consent of her mother in law but due to the surgery ,some problem came to her breast which is non curable,, she is making myself responsible for this, for the last 3 years we had quarrels on pity matters even other than sexual relation,she does not like me making sexual relations,,and got irriated on small things now, for the last 2 months she is living alone with her mother in other city, now if my wife goes to Court saying that I had made her body parts worst and if she want can police arrest me, she does not want divorce neither

She is coming back they want in writing about the past happening, I want to live together

Or want mutual consent divorce but don�t want to get disrespected due to this surgery in court..pl advise on the divorce and its expenses ,and if she does not give divorce what alternative I had- for making second marriage


Asked on 7/03/07, 4:13 am

7 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Re: Divorce & Separation

for the time being u should forget about divorce; and for second marriage; consider these options closed at least at this stage;

since u have mentioned that u are prepared to live with her; u must make all possible efforts for compromise; take panchayats/common friends to her place and beg for settlement; meet all her relatives and tell them that u want to live with her happily.

you must make repetitive attempts and keep a proper record of all such efforts;

ur attempts should be genuine and heart felt not empty formality;

if u still do not succeed, after several attempts, u may write me again with details of all such efforts; i will then consider about the next stepts possible.

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Answered on 7/04/07, 10:11 pm
kavitha balakrishnan kpp associates

Re: Re: Divorce & Separation

i feel that it is better for you to go for a counselling! there is nothing wrong getting it! as from the case reported by you we can hardly understand whay excatly you want to do! either live with your wife or divorce her?

in case you want to live with her - you have to talk to her get her convinced by all means there nothing wrong!

= if not there are 2 options a mutual consent divorce or seperate petition.

and as for the surgery - without knowing excat details of the surgery and the after reaction and its cause - we are unable to give you a exact reply. In any case you had wanted it and your wife had consented to it!

for further doubts, enquires and clarification we need more details. of all things first seek a good friends advice and counselling - it will help you in deciding your future. our best wishes to you both!

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Answered on 7/05/07, 3:15 am
G. M. Gupta gmguptaandassociates

Re: Re: Divorce & Separation

1. the surgery is not ur fault and you are safe in this case

2. if you want to live with her then try to pursuade her and tell her that she is not ugly and praise her.

see marriage is not all about sex and bodily attraction, its about two souls and love of thoughts and dearness. think about this and try to resolve the issues

3. if u want divorce then either u have mutual consent or file divorce petition on ur own and that may take some time

4. fees and expenses depends case to case

For further and detailed advice please contact personally. Consultation charges will apply.

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Answered on 7/04/07, 12:42 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Re: Divorce & Separation

good afternoon

i would suggest you to have a discussion with your wife in connection with the surgery that went wrong or whatsoever it may be and if she not agreeing then get divorced by mutual consent explaining her the consequances. and further you cannot get married untill and unless you receive a decree of divorce from the court.. take care

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Answered on 7/03/07, 4:25 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Re: Divorce & Separation

YOU HAVE NOT MENTIONED WHICH PLACE YOU BELONG TO. YOU CAN SURELY CONTACT A LAWYER FOR THE PROBLEM AND PRECAUTION CAN BE TAKEN WELL IN ADVANCE TO SAVE YOU FROM THE EMBRASSMENT IN FUTURE. do contact a good lawyer and we take up matters anywhere in india

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Answered on 7/03/07, 5:23 am
rajeshwar sharma rajeshwarnathsharma

Re: Re: Divorce & Separation

You cannot remarry without having divorce from your wife.

If your wife is not willing for divorce by mutual consent than you may file divorce case on the ground of cruelty which is only at present available to you.

Regarding expenses and fee you may contact me.

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Answered on 7/03/07, 10:45 am

Re: Re: Divorce & Separation

Firstly take your decision.Whether you want divorce or do you want to live with your wife? You can not remarry without getting the first marriage disolved by divorce.since your wife is not willing for divoce by mutual consent hence you have to file Divorce case.As for expences are concern,then it is to inform you that there is as such no price list relating to Lawyer's fee.For any other assistance you may contact me.

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Answered on 7/03/07, 1:04 pm


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