Divorce due to harassment
Rohan
(Querist) 19 January 2013
This query is : Resolved
Hi, This is regarding a friend, person A. Person A's wife is harassing him a lot. For eg, when he is in office and cant talk all the time, she will start harassing and giving bad words. She even calls his office managers and other people and harasses them by lying something. She even messages his friends to irritate people and also threatens the boy of getting him removed from job.
It is an early age marriage, they both are young. Boy is doing internship in a company and girl is still studying and has one year of studies left. So they are staying apart but she harasses a lot on call. Abuses him as well.
Boy is scared of losing the internship so he does not say anything to her. If he does not complete internship, his degree will also get delayed. He is from a middle class family and has to start earning to add some support for family and pay his education loans.
1. If the boy files a divorce case, I know it will take long time to complete. But once the divorce case is raised by him, can he get some kind of legal action taken so that court restrains her from calling him and harassing him. So that he can complete his studies peacefully. Is it possible?
2. They got married 3 months back, so is a divorce case allowed so early?
Anirudh
(Expert) 19 January 2013
The actions of the wife, if true, surely amounts to 'cruelty' and the husband can seek divorce on this ground. But a Petition for Divorce cannot be filed within one year of marriage.
Your friend ought to have given serious thought to all these aspects (that he is required to complete internship, get degree, get proper employment, support his family/parents etc.) before getting married, which seems to have not been done in this case.
Perhaps, being a young wife, she needs his physical presence, which is understandable.
It is also not clear whether the elders have approved the marriage or it was got performed against their wishes. If the elders in the know, then then can be approached to advice the girl properly.
Rohan
(Querist) 19 January 2013
If we cant file for divorce, can he at least file any case or any legal action so that she stops harrasing him.
Guest
(Expert) 19 January 2013
Although divorce within a year of marriage can be filed in certain exceptional circumstances, nonetheless it would be difficult for your friend to pass the hurdle of maintainability of the divorce petition. It is better to wait for the marriage to be a year old before filing for the same.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
District Courts, Amritsar & Chandigarh
ajay sethi
(Expert) 19 January 2013
keep your mobile switched off during office hours or keep it on silent mode . send message to wife that you cant pick cell during office hours .
contact a marriage counsellor
