Can man file divorce petition when living in same house
Rounak2003
(Querist) 29 December 2015
This query is : Resolved
I live in a house having 3BHK (Rented House) with my brother, bhabi and nephew. I got married in Feb 2012 in the age of 39 years, when she was about 35 years old. We never demand dory. After 2 month of marriage, problems got started, She started to blame on my bhabiji, like there are something between me and Bhabi but nothing as such, she is not allowed to make the food, while no body in the family likes the food made by him, I not give the time to her like this. In Dec 2012 she blessed with girl baby, (now she is 3 year old). Her behavior is very rough and called for her family 5-6 time within a year of marriage for quarreling with me and my family. Her family also threatened to me and my family. It was going on by june 2013 after that her family stopped to come at my home. But she speaks to them daily for 3-4 hrs. I am very tense since the marriage. I am very simple man. I could not sleep properly in the same room with her and reason being fell down by ill and got serious and after one month I rejoined the office. After May 2014 I started to sleep in third room which was vacant, she objected that time but I continued to sleep in the separate room. Slowly slowly she started to make her food separate in the same kitchen, separate festival celebration even last Diwali she celebrated separately without my consent. 5days back her brother threatened to me in the night at 12AM.
Now I want to know :-
Can I file divorce petition against her while she is living in same rented house.
What she has right to file against me and my family
Can I be able to get divorce.
Can I take the stand that there is no physical relation between us since June 2012 and I also used to sleep in separate room from one and half years.
Landlord also may raise objection while receiving notice in his premises.
What are the complications may be there
Where if she do not agree to get divorce and what will be the position.
Whether she can fight the case living in the same house
Regards
Raman Agarwal
SAINATH DEVALLA
(Expert) 30 December 2015
Can U elaborate the reasons for her behaviour?
Rounak2003
(Querist) 30 December 2015
I have seen her behaviour since marriage, or it may be habitual even her family members also have rough behaviour.
Rajendra K Goyal
(Expert) 06 January 2016
Can I file divorce petition against her while she is living in same rented house.
-- You can file, she would file criminal cases 498A, DV Act and maintenance case etc. against you and your family.
What she has right to file against me and my family
-- She can file no. of cases, some mentioned above.
Can I be able to get divorce.
-- Depend on merits.
Can I take the stand that there is no physical relation between us since June 2012 and I also used to sleep in separate room from one and half years.
-- difficult to prove, also you are sleeping in separate room, you are cruel not she.
Landlord also may raise objection while receiving notice in his premises.
-- What type of notice?
What are the complications may be there
-- Discuss with your lawyer in detail.
Where if she do not agree to get divorce and what will be the position.
-- Contested divorce 3-5 years litigation with uncertainty.
Whether she can fight the case living in the same house
-- yes.
