Cruelty by wife want juducial separation before divorce
Guest
(Querist) 11 September 2015
This query is : Resolved
I am a psu bank stuff, arranged married 2yrs ago, permanent address is in kolkata for both of us, presently living in mumbai for job purpose. My wife is an MA nd doing some private tuition nd working in play school aswell. After fewday of marriage she started fighting with out any relevant reason. Tried to console her initial days but day by day she is becoming more vulnerable. Speaks any foul language to me and about my parents althogh they live in kolkata. Now she getting physical to me even spited on my face few days before, always threats me she will go to police , come to office with false allegations like dowry phsical torture etc. Previously i told her mother regarding all these but she also put all the blame on me even threatening me in the same fashion using unuttarable language couple of time so i stop calling them also after any such fight. I lodged a GD at local police station after one of such recent incident with out her knowledge. I wanted to get separated and then file for divorce other wise she will surely try for 498. Previously she nd her mother always in for divorce but when i have agreed she denying the fact. I collected some of her apology in writing whatever she does and some hidden video of the some recreated incident like infront of someoneelse as we describing what has happened. How to have judcial seperation or any other advice to have safe guard for me and my family in kolkata, as me and my dad both are govt servant.
SAINATH DEVALLA
(Expert) 11 September 2015
After a few days of marriage started fighting without any reasons,there has to be some reason for her behaviour,the fault could either be URs or her's or with parents.I feel the differences started escalating instead of getting amended by all of U.
Initially if there was proper counselling and mediation, the gap would not have widened.
U R saying of Judicial separation,U know the difference between opting for divorce and judicial separation?
JUDICIAL SEPARATION
SECTION 10 HINDU MARRIAGE ACT
Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.
Guest
(Querist) 11 September 2015
Dear sir,
What sud be my course of action now to have best possible way to get divorced from when she not ready for mutual.sud i Keep on suffer or have something positive i can do. Pls advice.
Rajendra K Goyal
(Expert) 11 September 2015
Since you are a PSU employee, any case u/s 498 or DV act may effect your career and concentration in work. If possible try to have amicable solution and if not possible try for Mutual Consent Divorce. Take help of relatives, common friends, effective people of the society for the same.
Guest
(Querist) 11 September 2015
Dear sir,
This is i am doing for the last 6 mnth, no outcome even things got bad to worst even her mother also doing the same thing putting blame on me using foul language quite a few time. Me and My parents got harassed few time. cant we do anything to stop this legal terrorism.
Guest
(Querist) 12 September 2015
But she is not ready for that then what to do?
SAINATH DEVALLA
(Expert) 12 September 2015
Mr Das,
I feel U got good suggestions from the legal experts,but now U have to rely on UR personal lawyer further legalities.
Guest
(Querist) 12 September 2015
I discussed with few advocates in mumbai and in kolkata aswell, but not get any reliable answer form them, how to restrict her to enter my place before filing divorce, bcz i am 200 % sure after hearing ng this she will definitely put some false charge doing something unwanted. Confused where to file some are saying kolkata some are suggesting mumbai, what should i do to avoid any uncanny situation. Bcz me and my father both are govt servant. And they have been threatening on this since beginning. I have complite faith on our judicial system and all u learned professionals. Pls guide me.
Guest
(Querist) 12 September 2015
I discussed with few advocates in mumbai and in kolkata aswell, but not get any reliable answer form them, how to restrict her to enter my place before filing divorce, bcz i am 200 % sure after hearing ng this she will definitely put some false charge doing something unwanted. Confused where to file some are saying kolkata some are suggesting mumbai, what should i do to avoid any uncanny situation. Bcz me and my father both are govt servant. And they have been threatening on this since beginning. I have complite faith on our judicial system and all u learned professionals. Pls guide me.
Rudrawar Narayanreddy
(Expert) 14 September 2015
you both are lived together in mumbai and respondent also now living in mumbai mubai is the place where you have to file case.
file only case for judicial separation as it seems from the details given by you that you are not separate from her for two years.
you can file divorce case even within two years on the ground of cruelty as in your case there is cruelty.
you may also file a case of injunction against your wife not to enter your house and interfere in your peaceful life.
once you file the divorce your wife cannot file police complaint. you dont worry nothing will happen to your job. simply for filing of false case by your wife you will not loose your job.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
Your problem is not either you are not understanding the suggestions made by advocates or you are able to take a decision yourself. You should have faith in your advocate and proceed if his found to guide you in a proper direction. The experts here have properly guided you to file a divorce case, if you have some other ides, you may enforce it instead of hanging around here for more and more replies by experts despite having gt some best ideas.
Guest
(Querist) 23 September 2015
Dear Naranreddy sir,
Thanks for your valuable comments, i appreciate the idea of injunction. Kindly advise me on this, you are the first lawyer who given some ray hope, no one before saying anything possible way like this, how to proceed with the injunction tell me in brief if u dont have any problems. Nd advise name nd contacts of a lawyer who will be beneficial in my case. Bcz i dont know much here in navi mumbai, suggest me the lawyer who will take care my matter with personal care nd expertise. Thank you again sir.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 September 2015
