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satish (Software Engineer )     23 August 2012

Need help how to proceed for divorce

 

Sir I got married on March 10 and March 11 2012. Before marriage our family made it clear to girl’s family as well as their relatives orally in front of all elders that we are not expecting anything from girl side and whatever their family feels they can give to their girl and whatever we feel, we will give to our son. Then girl side family said voluntarily we will take care of marriage and we too agreed for it. Marriage happened in a normal marriage hall with minimum expenditure.

 

I stay alone in Bangalore in a medium size 1 BHK semi apartment flat paying rent Rs 6000/- + maintenance extra. The day she got married evening she fought with me that her grandma will come and stay along with her in our Bangalore house. I refused saying your grandma is very old (85 years old) and I stay in third floor too. If something goes wrong whole family will blame me lifelong.

 

When she came to our home she came in bare hand with very minimum vessels not more than Rs 1000 and with her own 60 grams of gold. My mom has given her 65 grams gold for mangalsutra and wedding ring. Girl side has given me bracelet, wedding ring, chain totally covering around 45 grams. We have given them Rs 30,000 (+ additional 3 Sarees costing around total Rs 16,000/- )to buy Sarees for marriage and they give us Rs, 50,000 to buy bridegroom suites etc.   

 

She in Bangalore started arguing me saying she can’t stay in small house and she needs big apartment flat to stay. She wanted her cousins who are in Bangalore to stay with her and also whenever relatives visits Bangalore to stay with her. They all needed separate bedrooms to stay and I was unable to afford it. I told her my valet will permit this much only and above it you start working somewhere so that we both can afford big house. She refused to work anywhere and every day started fights with me for money and luxury things. Her uncles, parents, relatives too supported her and started talking roughly to me. I told everyone this is what I can afford and you are all welcome to stay with me with the existing house. To maintain this house around 15000/- expenditure is coming to me and above this earning alone I can’t afford. Essential things I already had before marriage like Refrigerator, Washing machine, Microwave, HP gas connection with 2 cylinders, Grinder, Cot, Sofa set, all kitchen utensils enough for two families etc and hence she dint even  open box containing few vessels she brought from her home. BUT EVERY DAY SHE KEPT ON FIGHTING FOR BIGGER HOUSE AND FOR MONEY TO HER. She wanted to buy gifts etc to her relatives.   

 

Totally out of six months she stayed with me around 1 and half month and rest she stayed in her hometown only arguing for bigger house and money. Also she kept on saying every alternate day she is suffering from Jaundice, Fever, Dengue and when I took her to CMH hospital, report said, she is fine and normal. She kept on arguing she only shows to family doctor in her hometown and not to any other doctor outside. So all the time she stayed in her parents’ house and when I asked her for doctor report, she said doctor won’t give report. Later I came to know simply she is lying to stay in her parents’ house and to create pressure for money and luxury things.

 

One day without my knowledge she has made a call to her parents and they all came night time and took her to their home. They told me that she called them saying if they don’t come and take her to their home she will go for suicide. So we are taking her to our house. Earlier she went for one month continuous and then came to my home just for 6 days. Within this six days created drama and again went to her home. Now it is one month over and no communication from their side. I too din’t call them since including her and their family they all use very rough language on me. My parents too tried to talk to them but they spoke very roughly to my parents too. I HAVE RECORDED THIS AUDIO IN MY CELL, THE DAY SHE ALONG WITH HER FAMILY LEFT MY HOME.

 

I work as a web trainer and whole day I will be outside. She won’t even take care of house being housewife and whole day keeps on spending time by going to one or the other houses in our Apartment. I need to clean my house myself as well as work outside to earn money.  The moment I say any work to her or say something she will start fighting like anything and even she calls her uncles, parents etc. They all will raise voice against me and so I am leaving in fear in my house. Other than few time s*xual contact in initial stages of marriage, now she straight forwardly says no to it. Neither she is pregnant and nor interested in me. She is now 35 years old and me 38.  Even we are sleeping separately too.

 

I as a web trainer conduct training for engineers and all transaction happens in cash only. Monthly I earn around Rs 25,000 and till date I have not even gone for IT returns. I have not shown my income anywhere and I do have credit card with Rs 20,000 limit. I don’t do much bank transactions other than paying rent. My family is having own earned house and few acres of land. Ancestral property we got 3 acres only and I have not shown my income anywhere from my parents property. In case if I need to pay monthly allowance how much it may come and what law says against it. She is MA in Economics, healthy but not interested to work where as I am MSc in Computer Science earn around Rs 25000/- monthly unaccounted.

 

I AM REALLY NOT INTERESTED TO STAY WITH HER AND LOOKING FORWARD TO DIVORCE HER. PLEASE SUGGEST ME WHAT I NEED TO DO NOW AND HOW TO PROCEED.       



Learning

 4 Replies

Tajobsindia (Senior Partner )     23 August 2012

1. Since your marriage is not even 1 year old no suit of divorce you are allowed to file.
2. You can only send her a Notice via a local Advocate for ‘restitution of conjugal rights”
3. Suggest to send the Legal Notice for restitution of conjugal rights and also make an GD entry in local police station about wife leaving for matrimonial home without your consent for no reason and or rhyme and kindly help me. Take receiving and keep these in safe place. Remove your personal docs. / expensive items from your flat and leave them in safe custody.
4. Once you send Legal Notice of her return to matrimonial home which you are expected to follow-up to protect yourself from biased laws of the land she may retaliate. This is only thing that you should do being legally wedded husband to a wife of a young marriage. She may retaliate with criminal and or civil laws. Face them as and when if ever they get filed from her side. Or just keep quite and donot show eagerness for divorce. When a husband files for divorce it will chew up maximum energies and resources for him so it is futile exercise when evidentiary proofs of “grounds” taken for divorce are almost none.
5. Regarding maintenance question at the end of your routine incompatible spouses’ brief which we hear every day with S/W personals cases, she may be awarded 1/3rd. or 1/5th. read with status at the time of marriage claims she may put at that time.
6.  Try for marriage counseling with her or without her too and see if it may work.

Off the reocrds what attitude you talked  about your wife is "normal" expected behaviour of a newly weded spouse. Such behaviour needs careful handling and is seen in almost in all "metro nests" and for that count you were not alone facing it.

There is no other remedy available to such young marriages at this stage. 

1 Like

Nandha (NIL)     23 August 2012

@Tajobs

 

May i request you to clarify on point no.5

 

"5. Regarding maintenance question at the end of your routine incompatible spouses’ brief which we hear every day with S/W personals cases, she may be awarded 1/3rd. or 1/5th. read with status at the time of marriage claims she may put at that time."

 

In my case, when I got married I was working abroad. My wife also moved with me and we lived in 2BHK and had a car. After disputes arose between us, we returned to  my hometown. My wife left to her parents house with my 1 year old kid and did not return despite several attempts made through elders. I am drawing a salary almost 5 times LESS than what I earned abroad.

 

If my wife applies for maintenance, will the court take into consideration the salary and facilities I had at the time of marriage or the present salary and status I live in?

 

Can you please clarify on the above??

 

Thanks

 

Nanda

 

Tajobsindia (Senior Partner )     23 August 2012

Originally posted by : Nandha
  XXX read with status at the time of marriage claims she may put at that time.

XXX
Can you please clarify on the above??
 

 

1. At the time suit matter goes to floor of the Court.
Reasoning:
In past you may be equal partner to Donald Trump or Warren Buffet business empires but when the suit matter is in Court you are at ground level status so her claims rests / revolves to just that level not farmer that is what vehemently by current status level material records your side should press for and should not give one mm. more that that as discretion of court and false sari, sindoor and glycerin gospel truths ogling metro wife of yours!

1 Like

satish (Software Engineer )     24 August 2012

Sir,

One way you have suggested me to send her Legal Notice for restitution of conjugal rights and also in alternate, suggested me to keep quite. If i keep quite now and after one year, how to prove that she stayed in her parents home only and not with me all these days.

Should i need to start any proofs of documentation now itself or can be done later while going for divorse like she stayed in her parents home only and we don't have any kind of interaction between us etc. 

Regards, Satish


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