www 04 April 2016

Divorce in basis of incompatibility

Divorce on basis of not getting along, like no fault divorce in india? , I am married, after days of marriage I relized, I made a mistake and now want divorce, but my wife, she does not want to, even though we are not sleeping together, not cooking together, living seperately in different rooms but under one roof. I am asking for divorce but she does not want to.

All she says, its my mistake to marry her and I have to take care of her, no matter if I am happy or not. Her parent also say the same, they just want there daughter to married irrespective of weather I am happy or not or I have any complaints.

I live in states, I had to bring her to states becasue I had no choice. I stopped talking to her, after few days of marriage, after I realized that she is very different, she has some deformaties in her body whihc she never disclosed before marraige, her mother and she says its a small thing , why are you bothered about that, sleep with her etc.

My home Its just me and my wife, nobody to tell her anything or stop her, she has complete freedom, she is enjoying all the comforts and never bothered about my request for divorce, I also said I will pay you some compensation for divroce but she does not care.

She puts a fight when she gets bored with what she has, to get new things, for example, initially she was happy with her laptop and internet connection etc, she came to know about indian channels in cable tv and she demanded for that, she asked for a car, and I also heard her parents want to visit usa, I am sure she will make more demands in future. As per indian law can I file for divorce? on what basis ?, is there anything like no fault divorce? She has aso threatended me with 498a, dowry harresment case etc. Please advice.

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5 Replies

Laxmi Kant Joshi (Advocate ) 04 April 2016

As you said she have some deformities in her body which they had hide from you before your marriage , if you know them well before your marriage then you will deny for this marriage, it means they had taken your consent fraudently, on this ground guessing you both are hindu you can file divorce u/s 12(c) of hindu marriage act .

www 04 April 2016

I live in usa, working, Its not easy for me to come to india file case, can I file divorce in US with u/s 12(c) of hindu marriage act ?

When I asked american lawyers in US they said body deformaties cannot be considered as fraud or fault and I have to file no fault divorce for whihc I have to live seperately atleast for one year? We got married in 2015 nov and she is in usa with me.

Is there any way I can atleast apply for legal seperation, in USA?

saravanan s (legal advisor) 04 April 2016

No is the answer for your first question.Also if you want to allege fraud being a reason for seeking divorce whatever deformation you are talking about should be so severe that its impossible to lead matrimonial life.i also feel that you have decided to get rid of your wife and you are seeking reasons for doing so.i advice to resolve the issues amicably and lead a happy life.also what guarantee is there that you will live happy after marrying another girl

www 05 April 2016

The deformities she has is definitely not severe to make marital life impossible, but can be hereditary. I don't want to go on grounds of allege fraud. If a spouse is not happy, marriage is not working, what options one has to free himself ? Do I have to suffer all my life trying to adjust with her? Is there any way I can come out of this marriage?

Anand 05 April 2016

www firstly my sympathy for the situation you're in. I'm in the U.S. and my wife also pressured me into marriage and I later realised we were completely different people. You have several choices; I'm not a lawyer but I do have a good understanding of what the law is in the situation you're in:

Option 1 - See a marriage counsellor and work on your marriage. You did marry her after all so there have been some pyaar in the relationship. Instead of fighting it try to see if you can make your relationship work and be happy. A counsellor can help work through issues and set a plan.

Option 2 - Luckily like me you are an NRI - you ALWAYS have a choice on what to do with your life and who you should spend it with. Tell her how you honestly feel - that you made a mistake marrying her and ask her to leave the house and either live elsewhere or go back to India. DO NOT SPEAK TO HER PARENTS. You do not have to listen to them - it is your right. If she refuses then I would speak to a lawyer and explore how you can separate from her without having any legal obligations towards her.

If she has threatened you with 498A and dowry harrassment, this is a huge red flag and it means that more than likely she only married you to immigrate to the US. You do not have to tolerate such threats - let her know that you will call police the next time she makes a threat which could have her deported and that you have a right to divorce her in the US. In your circumstance (like mine is), it's either:

*realise that you made a mistake and have the courage to end it and face any threats such as fake cases in India (which would be very difficult for her to allege anyway and it would spoil her life as she would need to go back to India and live the stigma of being dumped by her husband)

*live in fear for the rest of your life with someone who threatens you. The fact she even knows about 498A means that she probably planned to marry you only for the visa.

Good luck.