Rahul 02 November 2017

Divorce

We got married (arranged) in Apr 2015. But now a days from past 1.5 yr, she is changed. Harassing me mentally and physically, in the room and infront of family she blames me for such. I am not denying that i never beaten her, but mostly 80% in self defense. Last time she said that she is doing such things to destroy the family's goodwill and for money. my father died at very early age, I and my brother struggled alot to get to this position where we are today. I am working in state government department. Kindly provide me suggestions on following points:-
1. In case a file a suit for divorce, how I could prove my harassment.
2. In this case, what could be the economical consequences. (She is MBA but non working, her father is a farmer having around 110 acres of farms.)
3. How could i get rid of this, without any problem to my Job.
4. what is your best suggestions to this situation.

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6 Replies

Vijay Raj Mahajan (Advocate) 03 November 2017

First thing if she is MBA and not working than insist that she takes up job and get salary sufficient enough for her maintenance. Otherwise as soon you file divorce petition against her she will claim maintenance from you by filling all sort of cases under 125 CrPC, DV Act and even seek huge sum by lodging false criminal complaint for dowry demand and cruelty. You must safeguard your own self before launching attack of your wife. Rest of the issues will come later of on what grounds divorce should be filled or not.

Adv Radhika Mehta (Advocate) 03 November 2017

Originally posted by : Rahul

Kindly provide me suggestions on following points:-

1. In case a file a suit for divorce, how I could prove my harassment.

Marriage is one case where you cant have proof of each and every thing the other person did wrong. its the word of one person against other so try to have all the people who have witnessed her behaviour towards you as your witness. Also try to record her outbursts as much as possible.

2. In this case, what could be the economical consequences. (She is MBA but non working, her father is a farmer having around 110 acres of farms.)

If you file for Divorce, she will ask for maintenance but then there are a plethora of judgements which say that woman cannot sit idle to harass her husband. The income or property of her father is immaterial. Collect information instead of your wife's previous jobs.

3. How could i get rid of this, without any problem to my Job.

Firstly, according to me, there wont be any problem to your job. Max to max, she may ask the Court to direct that the maintenance, if any, awarded to her may be directly deducted from your salary. To get rid of this, involve elders in the family, speak about the issues faced by you and reach a consensus. From the query posted by you, it is clear that you do not want the marriage. Therefore, speak to your wife and convince her to agree for a MCD. You may have to pay her a lumpsum amount in that.

4. what is your best suggestions to this situation.

As mentioned above, speak to the elders of the family and try to resolve the issue amicably

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Rahul 03 November 2017

thanks Adv Vijay And Adv Radhika. in case of more consultancy needed, could I contact u in personal. If I could kindly provide your contact details.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 November 2017

Dear Rahul

My opinion on your queries are as under:-

1. In case a file a suit for divorce, how I could prove my harassment.

Opinion:- Immediately file the Divorce case based on the crulety Under section 13(1)(ia) of Hindu marriage Act-1955 if both of you are Hindu and the marriage was solemnized as per Hindu law.

Your verbal statment/ examination in chief and cross examination by her counsel is sufficient to prove your allegations.

2. In this case, what could be the economical consequences. (She is MBA but non working, her father is a farmer having around 110 acres of farms.)

Opinion:- You have to pay maintenance to her if she is unable to maintain herself which can be 1/3 of your Income.

she may file the domestic violence case against you and your family members and claim right to residence or alternatevily rent amount from you, child custody if any, compensation, maintennace as mention above as per the provision of section 19,20,22 of the Protection of Women From Domestic Violence Act-2005

3. How could i get rid of this, without any problem to my Job.

Opinion:- There will be no problem on your Job, if she filed the criminal case for dowry demand or cruelty and breach of trust as not return her stridhan U/s 498A/406 of IPC then immediately file for anticipatory bail and then fight the case on merit. No need to worry about your Job.

4. what is your best suggestions to this situation.
Opinion:- Immediately file divorce, when you first file the divorce and later on she file any case against you, the court may consider her cases as counterblast cases and consider you as victim.

Remain you know very well about your decision.

Feel Free to Call

Nadeem Qureshi Adv.

9899686394, 9953809956
Read more at: https://www.lawyersclubindia.com/forum/Divorce-155718.asp