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aman (Manager)     05 August 2012

Divource from abusiv wife

Hi all,

We have been married for 2.5 years. Ours is a love marriage. I am facing following problems:

1. Use of abiusive language to me and my parents

2. excessive anger of my wife towards me at trivial matters

3. Insult of me infront of my friends by wife

4. degrading me wid my low earning capacity however m earning 1 L per month. She is also earning  nearly same amount.

5. i did all i cld hav done for her drunkard father and her family. She is not ready to accept still no issues wid me. Til date hav very good relations wid my inlaws. Father once insulted me nd thrown me out of house still i hav no issues

6. Several times tried to beat me. 

7. Never allows me to send money to my home.

8. i never beat her bt she says to every body that i beat her. Once i shut her mouth wid my hand when she was using abuses.

9. I want to take care of my old parents but its been a year i went to my native place.

I wan to get rid bt once i left her in our house leaving her alone she smoked 10 cigrettes resulting her to take her to hospital. At other instances she had consumed bottles of cough syrup. I hav conveyed message to her family bt her father is suffering for liver cancer (exceesive alcohol). Nobody can take care of her and i cannot leave her alone as she wil do something to her blaming all to me. In india all rules are for womens but dat doesnt mean women can never b wrong.

plz gv some suggetsion as i cannot leave her alone and i cannot stay wid her. 

 

Rgds,

Aman



Learning

 8 Replies

Yudhish Padman S (Advocate (Madras High Court) 9566217446)     05 August 2012

The title of your post describes that your wife is abusive and that you want divorce.  In the conclusion, you have ended asking for a suggestion and have opined that you cannot leave her alone and at the same time, you cannot stay with her as well.

The Basic Rule is this, if you have any DOUBT, then SAY NO FOR DIVORCE.  Don't even think about it.

What you need is a Marriage Counsellor, not a Lawyer.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 August 2012

Hi Aman, 

Try getting this sorted out through mutual friends or a marriage counsellor, if you think you've had enough :- 

 

1. Your wife's tortorous conduct clearly entitles you to file a divorce against her on the grounds of mental cruelty, however before plunging into the same, understand the implicit threats of a false 498a/406 that is almost invariable filed in response to all divorce petitions. 

2. First create some groundwork for your protection before taking step 1. 

3. Keep a track of wife's finances she won't clearly get any alimony/maintenance out of you with those figures. 

4. For more info on this read : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

 

Good Luck !

Tajobsindia (Senior Partner )     05 August 2012

1. Very messy situation you have fallen into. Remember woman who do such things are rearing for attention 24x7 and the moment you don’t give that to her she tries all such melodramas and in reality they are the most scariest once to attempt actually consuming real POISON when situation arise !. Nevertheless donot relax reading this. It is better to get rid of such metro woman even if large mutual consent money has to be paid as it comes cheaper in longer run. She must be the only child of her parents or may be the oldest one and such siblings are prone to such drams with in-laws and in front of a docile husbands and you are not alone here on this social count.
2. Make 1 page of summery of situations that you / your side have faced and GD entry in Jurisdiction Police Station with prayer for help and state in your letter that you may not be found responsible for any untoward happenings. Take stamped / signed copy and keep it in safe place.
3. Keep Xerox copy of her Income details at a safe place.
4. Two options for divorce available under “cruelties ground”
One while living with her and another without living with her.
5. If living with her and planning to file divorce then seek services of a seasoned Advocate via reference / LCI lawyer search and file petition for divorce under ‘cruelties’ ground and as witness your parents + your friends cross examination will bring desired results.
6. If not living with her and planning to file divorce then not only seek services of a seasoned Advocate via reference / LCI lawyer search but ensure that second GD entry at Jurisdiction Police Station is filed with reason of staying separate as being “intolerable” and once again seek help of police to intervene and take stamped / signed copy and keep it in safe place.
7. No laws asks you not to help your old parents.
8. You can stay separate from your parents and still help them for the simple reason they have “disowned you” and “you” have not disowned your own parents which technically is not possible! Disowning means not entertaining property rights read with kicking out adult son and DIL out of home for senior citizens peace of mind and if any Court summon in your name comes they are not supposed to receive it. Simply stating we have disowned him from such and such date is enough in the Notice Summon form that the Court staff may bring in future if your wife does experiment of gender biased laws upon you and your side of family.
9. Daily read last 50 messages in Family law / criminal Law / Constitutional Law to build up immunity against gender bias laws and trend of present days “metro wives” on what their next moves after alienating son from his parents are all about. They like playing pocket polo now i.e. make your youth spoiled, but if correctly given fight they come to negotiation table very quickly.

10. Prepare yourself for 4-5 years of tough times and concentrate on career / looking after old parents as you can change a wife by bringing in another own after top/bottom check but you cannot regain lost youth and or souring relations with your own parents. They are the once who will stick to you in thick and times and not your metro wife. She is just here to transplant last ounce of hard earned blood from you.

Anish Thakur 7018812737 (advocate)     05 August 2012

dear querist,

you have all remedies with you this time.

1.first try to consult some sychatrist regarding your wife behaviour if she had some mental problem or not.keep the record.

2.try to record the evoidences when she abuses you and your family and insults you.

3.file suit for sec 9 of HMA that she is not obeying the duties of the wife .

4.after having  satisfactory evidences collected with you ,go for DV on grounds of cruelity and sure you will get that as we had dealed many same cases and success rate on getting divorce on cruelity grounds are 65%.

feel free to call.

HK_Jain... (498a Fighter)     05 August 2012

do not file RCR, the way out start collecting evidences and file divorce under cruelty follow Tajoob Sir.

 

Hemant

Sunny (Other)     05 August 2012

Forget about all this legal stuff, you need to give it back to her first of all, do the same things she does to you, only 10 times more...... don't be afraid of anything man, you're not doing anything wrong. She needs to learn to respect her husband.

Chandra Shekhar (Sdc)     06 August 2012

@ wife of DAKU

Hey lady mind your language first.

What Mr.Tajob sir has said and advised in this case are true and correct.

What the hell you know? ahh. simply shouting in this forum.

Because of these type of mental ladies we men are suffering and loosing everything including lives.

 

 

aman (Manager)     11 August 2012

Dear all,

Thanks 4 guiding me. I calmy tried to read all of the advice so that way forward can be seen which is good for me as well as wife. In my last post i forgeot or hesitated to include dat inspite of  2.5 years of marriage we both r still "virgin" its jst bcause she does not wants and fears from commutation and i never forced her. Follwoing things are done by me after reading the above and advised by my well wishers.

1. Met wid a very pestigious (celebrity) marriage councellor. She was so angry wid my wife and straight away told her that this is ur fault. This is when for the 3.5hr session only my wife told her story and i cld nt get a chance to speak. However my major queries were addressed like abuses, beating me, s*x etc and councellor told her dat in future u may need a psycatrist which wld lead u to depend on medicines, if at all u are not going to control ur anger. Councellor told her dat she is blunt she uses bad slangs and its her real fault dat she uses abuses and beat me. Planning to go 4 next session wherein i can put my points also. Bt she has not provided any wriiten paper wherein all above points are documented bt she is maintaing a file of us. Can court ask for the file if required? Is there any importance of a councelor in deciding the result of case?

2. Also to safeguard myself and my family has recorded few clips which atleast records" ur mother has only once asked abt dowry" and dat my mother had hardly been wid her for 20 days in a span of 2.5 years as we dont live wid our parents. I live in delhi and parents are in native pace.

3. Trying to coperate wid her. But i have understood dat dis way nothing is going to happen and we shld seperate from each other. I am finding it really difficult to live wid her.

Please let me know dat what shld be my further action? Any thing which wld save me frm false 498 etc. We have not even taken a single ruppee in the name of dowry.

Rgds 

Aman


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