Jagadeesh Kumar 11 September 2020

looking Divorce after 10 years

Dear All ,

please find the details .

my marriage was held on 2010. I have married my own marital uncle (my mother brother own daughter )
my wife is not joined the matrimony life. I have filled the Divoce on 2012 and she filed the DVC & MC . Court awarded her Rs 2500 and for my daughter Rs 2500 . The total intermium is Rs 5000 per month. we are compromised in lokadhalth on 2015 for sale daughter . I don't have any infornation about my daughter birth and other function till 2015 and even not shown and intimated to me. we leaved together only 20 days till date. she left again after case withdrwal in 2015 and not joined matrimony house. again inhave filed the RCA and she filed MC. I have received RCA award on 2019 with stating that wife should join with husband within 2 months. she send notice to me and came to my home without intimation along with parents and her relatives ( around 25 members ) and shouted and used abused words and left same day with parents and relatives and after that I send noticed to join the matrimony home but no response from them.

now I have send divorce notice to her on Sept 2020 and received reply notice stating information ( harassment) and mention she will join matrimony home.

she is not having stability mind and Tempted person and she is slapped me so many times during the stay and always using queral fighting for small things and using bad words in my mother . my wife is always going outside and using bad words .

now I would like to know the following anwers .kindly clarify .

1 . is she eligible for MC.
2. Shall I get Divorce .
3. if I will get divorve .May I know eligibilty on everything.

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3 Replies

Isaac Gabriel (Advocate) 11 September 2020

If the history is narrated by petition, she not all can get any relef.

Vanshika Jaiswal 12 September 2020

I can understand your problem and I can assure you that you feel good when you will read this answer. So before coming to your question , I would just need your five mins to go through some provisions and clauses related to divorce which will help you to understand the answers and you will confidently tell your wife about this when she asks for maintenance. Divorce deals in section 13 of Hindu marriage Act and in clause 1 of section 13 i.e 13(1) there is a word named ‘Desertion’ which means any of the party whether husband or wife if any of them not live with each other or leaves the matrimonial home without any reasonable cause and without the consent of or against the wish then it is desertion under hindu marriage law.

Though there are many grounds but I am quoting the one which is related to your situation. There is a grounds of divorce that is cruelty and you remember you said that your wife had insulted you in your family so it’s a mental cruelty against husband by humiliating the husband in front of his or her relatives, family and friends which your wife had done with you as you stated in your problem in the last line. Not even mental cruelty but also making a false allegation against you of harassment is also a kind of mental cruelty which a wife can do and so as your wife done. You can take a help of this case:

Balram Prajapati Vs Susheela bai, in this case husband proved that his wife filed a false complain against him and her behaviour was uncontrollable.

Under section 125 of crpc there is provision of maintenance and section 125(4) stated that ‘ No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery or if without any sufficient reason she refuses to live with her husband , or if they are living separately by mutual consent’.

You can refer this case for better understanding:

SMT Teja bai Vs Chhiddu armo, in this case wife is not entitled to get maintenance.

The god is on your side because your wife is not entitled to get maintenance and you can demand for divorce.

I have also stated the eligibility for you take divorce on those particular grounds.

I hope this would have helped you and I wish you can get justice.

Thankyou

Vanshika Jaiswal