I want a divorce from my wife
manish1247
(Querist) 15 August 2016
This query is : Resolved
Hi! I got married around 1.4 years back. My wife is living with her parent since last 7 months. She left my house after verbal fights and to satisfy the ego of her parent. She was pregnant at the time of leaving home. Now she gave a birth to a child in july 2016. I tried my best to take her back. After she left me. But she did not came back and put a false complaint in CAW Cell against me and my family. In complaint she has put useless things upon my mother that she taunt her. No direct dowry or physical harresment put in the complaint. I have clearly understand that my in-laws and wife are anti-social elements and they dont know how to behave, talk or live properly. In the meanwhile i sent my wife a Section 9 notice (as my lawyer suggested me to do that). As time passes and things not improving so i have fully made my mind to take a separation from my wife. My father is retired and on pension. I am currently not working anywhere. I need a guidance that how can i get rid of this relationship without giving much compensation to my wife. And what steps whould i follow legally? I heared that if a husband ask for a divorce than he has to pay a lot of compensation. I need a detailed and brief suggestions from you. Kindly help me as i am veryy frustated and worry about future. Thank you
Devajyoti Barman
(Expert) 15 August 2016
There is no way you can avoid maintenance if your wife is unemployed unless she agree to free you without a penny.
Try to settle the dispute amicably by way of mutual divorce.
If it fails then file consted divorce suit.
adv.bharat @ PUNE
(Expert) 15 August 2016
Try to settle matter amicably since u have god gift of child. do take care of both mother and child u will forget all worry.
manish1247
(Querist) 15 August 2016
Thanks for reply. I am not saying that i will not give any compensation. I am asking that how to reduce the compensation amount. My wife and her parent are not understanding or social people. We tried best but she is not understanding anything. Please advise me steps to divorce. Their is no chances of amicably settlement due to her rigid attitude. Thank you
manish1247
(Querist) 15 August 2016
Thanks for reply. I am not saying that i will not give any compensation. I am asking that how to reduce the compensation amount. My wife and her parent are not understanding or social people. We tried best but she is not understanding anything. Please advise me steps to divorce. Their is no chances of amicably settlement due to her rigid attitude. Thank you
Sudhir Kumar, Advocate
(Expert) 16 August 2016
"he left my house after verbal fights and to satisfy the ego of her parent."
WHAT WAS THE CAUSE OF FIGHT
Sudhir Kumar, Advocate
(Expert) 16 August 2016
" I have clearly understand that my in-laws and wife are anti-social elements and they dont know how to behave, talk or live properly. "
IN INDIA ALL PARENTS OF DAUGHTERS ARE ADDRESSED LIKE THAT. NOTHING NEW IN YOUR CASE.
The moment a female child is delivered by wife the husband becomes "anti-social" goonda" "dominating" "interfering" "aggressive" etc.
This degree is granted to him after he tries to help his daughter suffering torture in matrimonial house.
Sudhir Kumar, Advocate
(Expert) 16 August 2016
"In the meanwhile i sent my wife a Section 9 notice (as my lawyer suggested me to do that)."
THIS IS ALMOST A GUARANTEED TOOL FOR COMPELLING WIFE TO GIVE TRUE/FALSE COMPLAINT TO CAW. MANY PERSON ON THIS FORUM HAVE COME AFTER CREATING TROUBLE FOR THEMSELVES BY TAKING THIS STEP.
SHE IS LEFT WITH NO OPTION BUT TO PUT ON RECORD WHY SHE CANNOT COME BACK.
THEREAFTER HUSBAND AND FAMILY BECOMES A CRIMINALLY RECORDED PERSON AND A COLLECTIVE JUICY CLIENT FOR THE LAWYER.
NOTHING NEW IN YOUR CASE.
Sudhir Kumar, Advocate
(Expert) 16 August 2016
"I am currently not working anywhere."
"My father is retired and on pension. "
SO YOU ARE NOT IN A POSITION TO AFFORD THE LUXURY OF DIVORCE (WITH COST OF CIVIL AND CRIMINAL LITIGATION FOR ENTIRE FAMILY) AND LIFE LONG MAINTENANCE TO WIFE AND CHILD.
Sudhir Kumar, Advocate
(Expert) 16 August 2016
"I am currently not working anywhere."
IS YOUR UNEMPLOYMENT RELATED TO THE DISCORD.
Sudhir Kumar, Advocate
(Expert) 16 August 2016
"No direct dowry or physical harresment put in the complaint."
THAT IS WHAT YOU FEEL.
Sudhir Kumar, Advocate
(Expert) 16 August 2016
As far as maintenance is concerned. You can be compelled to give so even if there is no divorce and you keep fighting for years.
P. Venu
(Expert) 16 August 2016
You can move the Court for restitution of conjugal rights and follow up the course, as events turn out, thereafter.
Rajendra K Goyal
(Expert) 16 August 2016
You are unemployed and due to ego problem want to divorce your wife and part with your daughter. Take it guaranteed, life would not be charming due to litigation in coming days.
I once again repeat, try to have amicable settlement and save the marriage till it is too late.
Meanwhile, no other alternate but to defend the case against you.
manish1247
(Querist) 16 August 2016
Hi! My wife given birth to a boy. Its a baby boy and not a daughter....
Sudhir Kumar, Advocate
(Expert) 17 August 2016
You have a better alternative to shed your ego. find a job and try amicable solution.
manish1247
(Querist) 18 August 2016
Sudhir Sir, accpet my apology in advance in case you feel me offended. Sir i do not have any kind of ego issue....i am happy to have a baby boy and i came from a simple family who loves to live a very simple life. Trust me without any of our fault my in laws and wife created too much trouble and than their parent put their ego issues in between and did a lot of abuse and quarrels with us. Even since starting i am keeping my wife happy and fulfilling all my matrimonial duties. My inlaws are detached with society as they dont even care their own parent and same they taught to their daughter. We did our best to save the relationship but we have not received any chance to amicably settlement. Even now she is making things worse by blaming us for false dowry case....she had not left us any chance to fix things....now we have no line of trust. And we all are afraid that she can anyway drag all of us in false cases. We belong from a simple family where we dont even know about court and police much. I asked my wife to sign on an settlement agreement but she straight denied. She is saying that she will come back without signing anything.....and we afraid that wr will be in more danger if she will again so any false complaint. Kindlt understand my situation as a human being. Trust me i never did anything wrong to my wife and tried to keep her happy. It is her parent whom made the situation worst. And she is not even thinking by her own mind. Please help me..
M V Gupta
(Expert) 21 August 2016
In the circumstances explained by you, It appears necessary for u to make an effort to settle the matter in the presence of mediators so that in case ur wife files any false cases against u and ur family u will have the support of the mediators to prove the nefarious attitude of ur wife and save u people from punishment. U may also be able to seek divorce from her on grounds of desertion and cruelty. But pl note u will be liable to pay maintenance to ur son even if divorce is granted. Ur wife may also be entitled for maintenance till divorce is granted by the court..
