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Srinivas (IT)     24 November 2010

Divorce with only Ones consent

I got married in the Year 2008 November, since then Im not at all Happy with my wife she always Points some mistake in everything i do, and she expects a lot from me, She always has complaints on me and she everytime tells that she dont like me at all, when enquired she told oneday that Her USA Match was cancelled before she got married to me (due to her attitude ,she even told this to me). She always compares her life with US Life, and complains others that shez not happy with me, After 2 years of torture with her I told this matter to My parents and their parents .Infront of them she told that she was feeling sorry for giving complaints on me and she told that she will change.But after a week she again started the same torture. I told her that we will take divorce But she is not at all listening to me and shez not agreeing for divorce. I have a 6 months kid. I even told her that I will take care of the little kid and she can give me divorce and can marry any person that she likes.
How many more years should i control this torture with her ? Are the law


My Questions here is Can I file divorce case with only one person(Husbands) consent ?

What are the legal problems that i will get ?

Im afraind of 498A ,She might give a false complaint if i file a divorce

Please Please Please advice me I really want peace in my life



Learning

 9 Replies

Roshni B.. (For justice and dignity)     24 November 2010

was she married to u forcefully?or has her attitude turned like this few months after marriage?

 

helpjusticewin (x)     24 November 2010

Hi

I think you should re consider your decision of divorce for a reason like this

Every marriage has its own ups and downs

I am not a legal advisor but still i am replying to your query on the basis of a humanitarian consideration only

Your decision is based on what you have underwent in your personal life, but imagine a situation where its only because your wife compares her present life with a so called lost opportunity , you need to seperate from her

I understand that you have told her that she can remarry and willing to look after your kid, but that will not be possible , kid being seperated from his or her mother

Today the legal system takes a very longer time

There is an alternative option, since your kid is only 6 months, you can actually ask your inlaws to take care of your wife for sometime alongwith your kid

vist them once in a while 

This seperation will be a little beneficial to make you both understand the positive aspects of both of you

lastly, i am responding to your question because i can see that unexpected trauma your wife will get if she receives a divorce petition from you that too when she has trusted you and carried your child

I am myself an affected person ( a woman with a 7 month old kid, who is being put to trauma since my 4th month of pregnancy)

Still i want to save my marital life

So my sincere thought to you is to SAVE YOUR MARRIAGE

perhaps my husband was not told anyone of the aftermaths , your wife should not face the trauma i underwent

You can consider me a sister, a fellow human being

Take a wise decision

This forum has a lot of legal experts, i am not one of them, i am just another human being who doesnt want to see any other person undergo what i have and i am undergoing

All the best

 

Cheers

2 Like

niranjan (civil practice)     24 November 2010

Mrs.justice have given very good advice and I would like to endorse her views.

Viswanath (Student)     25 November 2010

if you finally decide divorce is the only solution, then you can file divorce under the grounds of cruelty which includes mental torture under Sec 13(i)a.  But even if you get divorce as above, the custody of the child will be with the mother till the child attains the age of five.

Srinivas (IT)     25 November 2010

Thanks for the replies, for the First Question, Mine was an arranged marriage and im pretty sure that it was not forcefully done. But what i think is she is still has a feeling that She Lost the USA Match and she always is trying to compare the life with me with the Life in US.(Which would defenately dont match) .She always has 1000 Fantacies in her mind and she always thinks of it. I tried to convince her many times like a good friend but she just listens for that day and she starts behaving in same manner from the very next day. I tried to stay calm and didnt even complain against her to my parents or their parents till last month but the things are being worse now and i cannot bare any more mental torture from her i spoke to thier parents and my parents.Infront of then she said hers is a mistake and she will change.but Right after two days she again started the same attitude.We both tried to match our mindsets for 2 years and it didnt match and she always has problem with me. So I dicided to go for divorse as even she is not happy with me.

I dont know why but she claims that she doest likeme at all but shez not willing to give me divorse .So how many days i still bare this mental torture ,she doesnt even talk to me when im at home. How can leave with such kind of person.

Please advice me on this Im in great need of ur suggestions Pleaseeeeeeeeeee

Srinivas (IT)     25 November 2010

Thanks a lot for the reply sir, Can  you please tell me what does "divorce case under the ground of cruelty" mean ? How many days the legal process will take ? In any circumstances am i not going to get my kid ? and Kindly suggest me the procedure to file it

Viswanath (Student)     25 November 2010

Divorce can be filed on various grounds, like adultery, cruelty, desertion, etc. On a petition for divorce on the grounds of cruelty, you ask for divorce on the ground of cruelty before the court, stating that your wife has subjected you to cruelty, which includes mental cruelty.

Regarding the legal process, your advocate can guide you better.

The mother is entitled to the custody of the child until it attains the age of five years, till which time you will get visiting rights only.


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