CGOfficer 01 December 2015

Need urgent guide

Sir/Madam,

I am a central govt. officer. After marriage in Aug, 2014 we had stayed for 3 months with eachother. Due to her self inflicting nature and irrational behaviour like quarelling on trivial matters, no interest to show herself marriad, using coarse slang language, shouting, throwing me out of the room, not giving me food for days, I talked with her parents for which they adviced me to keep their daughter as she wants else I will face big problem. As she was pursuing higher degrees, I let her live at her parents place and asked her parents to make her understand of marriad life and little bit of adjustment from both sides. But all went in vain in Jan, 2015, when her parents started blaming me of my financial condition and not providing their daughter a lavish lifestyle. She kept communication for two months since Nov, 2014 to Jan, 2015. But I didnt saw any change in her rather, her mother, maternal uncle/aunt, maternal grandmother started threating me to ruin me and my parents by lodging false case against us. In between me and my family tried to keep a meeting with them to discuss the problem in our matrimonial life and make it solved. But the meeting went miserably wrong as my wife and her parents started shouting on us saying we are not modern/not urbanized. My wife also started abusing me infront of all of them. On Mar, 2015, I decided to break my marriage as it was miserable for me to continue as she kept continuing abusing me with very slang languages over phone messages, asking for more money than I used to sent her. In this regard, once her father called me and he said that my wife and her parents wants Rs. 50 Lakhs for one time maintenance or Rs. 50000/- per month (which is much higher than my nett pay) else they have prepared some false cases against me and my parents that will ruin my service and life. For this, I didnt agree to it and filed a matrimonial suit under 13(1)(a) under mental cruelty. After they received the court papers, they started sending complaints to my office saying I am a drunkard and used to do physical assault to her and lots of lies for which she dont have any proof. However, they also filed an appeal that my divorce appeal is not maintainable as one year was not passed on April, 2015 for which I had filed SLP and other formalities. Since May, 2015, no communication is there between me and my wife.

In this regard, I must mention here that, I have all phone call records/messeges saved to proof her and her family's mental torture to me and my family.

In view of the above, I would request the experts here to guide me on in which direction the case is going, what should be my move as it seems that they wont be settling the issue without having 50 Lakhs. But its impossible for me. She had also taken all her jewellry with her (I have documented proof). Now she is having master degree and trying for jobs (or whether she is doing a job, I dont know). But before marriage she was working.

Thanks.

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5 Replies

b.goheel 01 December 2015

since u hv filed petition, u hv givn some reason u rely upon fr procceeding and opinion of ur advocate tht is more important thn story fr 2nd opinion.
nw a dys even pauper person hs a dream to live like a king where as she is born with silver spoon. tht u and ur parent must understood.
seems there is somwhere some misunderstanding bt on whose part tht only involved person can tell. .

Laxmi Kant Joshi (Advocate ) 01 December 2015

getting divorce from the court is not so easy you filed cases on petty issues and court will easily grant you the divorce decree?? you have, to spoil so many precious years of your life, therefore i suggest you if possible try to find out amicable solution, for that you can take help from your both sides of elders , relatives, middle man, common friends etc and save your married life, filing divorce within a year marriage is not good you must give her chances to adjust with you , now your marriage has completed one year you didn't mention after your filing divorce case what was her reaction had she filed any case upon you or not, if not and she is ready for divorce then Negotiate the amount when it will reach in your capacity move for mcd, otherwise fight the contested divorce, gather the proof of her previous and current working .

CGOfficer 02 December 2015

Thanks for your reply.

The points on which I sought divorce are as under.

1. Her Self inflicting nature viz. Cutting of her arms/fingers/legs wih sharpened knife/blade.

2. Punching on walls/terrece iron grills at even midnight and trying to harm herself doing irrational things inspite of hard try to make her understand calmly.

3. Due to her short temper on trivial issues using derogatory words infront of everyone on road/home and abusing me with filthy languages.

4. Not cooking food for me and even not giving me food, thus keeping me starving at nights.

5. Throwing me out of the bed or even room showing her disgrace for marrying me.

6. She used to take some medications for which when I enquired, she told in her childhood once she had an injury on head, however she told nothing serious happened.

7. Refusing to show herself marriad viz. tearing her mangalsutra and throwing it out, erasing of sindoor.

8. Updating very obnoxious status message and messages on whatsapp against me with foul language.

9. Her parents had also never tried to help us to have amicable settlement of our marriage life, even they always tried me to threat to do as their daughter wants else they will ruin my life and service.

10. After filing of my divorce petetion, she lodged complaints against me of being drunkard/having extra-marital affairs/indulging in domestic violance/asking for dowry to the top brasses of my office and also to women's commission/human rights commission etc. However, she had mentioned that she had no proof to justify her compaints. But as I have filed divorce petetion, she want the said money as maintenance.

11. One story I missed in my previous post, she had an affair prior to our marriage. After marriage I came to know that the marriage was against her will. The most astonishing fact is, even after marriage, she kept contact with the person, that I saw from her call records. Even more, on March,2015, the person even called me threating me over phone.

Now the story is, after my filing of divorce, they have filed a petetion of maintainability of my petetion. More than 6 months have passed, there is no communication from either side. Can you give your opinion on in which direction the case is going.

Thanks.

b.goheel 02 December 2015

to prove extra martial affair is a herculean task tht evn nursery student knw and tht too in this era !!! frm the address bk or call log of phone !!!!. - m really surprised the person from whom such a big amount is demanded as a alimony and maint which only highly educated person can think of it and he considered this as a reliable evidence !!!! not only tht also consider one of reliable important grnd fr divorce is NOT KNOW COOKING - gud.

frm ur thread it appears tht u r SO financial capable and not afraid of side effect of drakonian law so tht one has to threat u

there is no point to raise the doubt abt ur intelligence.