Prabir Bhaduri (Others) 17 June 2021
Dr J C Vashista (Advocate) 17 June 2021
Amicable settlement of issues may be preferred.
However, if she is adamant and do not mend herself, convince her and file a petition for mutual divorce.
Consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
G.L.N. Prasad (Retired employee.) 17 June 2021
Have patience and be confident that her demands for rights in property may not be appropriate and legal as you are staying in your family property, without any regular income and she is having regular employment for since long. As an advocate's clerk, you are standing in a better position to face litigation while your wife may have to engage and advocate.
Prabir Bhaduri (Others) 17 June 2021
P. Venu (Advocate) 17 June 2021
What is your mother's stand on the issue?
Prabir Bhaduri (Others) 17 June 2021
Vasundhara Singh (Student) 18 June 2021
Dear querist,
If you do not want to divorce your wife, you can go ahead with arbitration or mediation which are the methods of out-of-court settlement and you will not be pulled into legal proceedings. Under arbitration, you and your wife can mutually select an arbitrator who will be a non-biased third party who will talk things between you and the other party without any court proceedings. You can solve the issues in a friendly and peaceful manner by keeping views in front of the arbitrator and with his help come to common grounds.
If the issues do not get solved by this method, then you can move ahead with the divorce petition. You have mentioned that your wife does violence on you and your family but since there are no explicit laws to protect men from domestic violence, you can file divorce on the ground of physical cruelty by the wife under Section 13 of the Hindu Marriage Act, 1955. The divorce petition can be filed at the family court of your jurisdiction.
Regards
Vasundhara Singh
T. Kalaiselvan, Advocate (Advocate) 19 June 2021
You were able to tolerate all these fourteen years patiently, however if it is no more possible to tolerate with her anymore, you may ask her to either agree for mutual consent divorce or you can file a contested divorce case against her on the grounds of cruelty.
Your mothe may also think of filing a DV case against her for all the violent and cruel activities she had unleashed on her.
No doubt divorce at this age may not be advisable but how long you can suffer this torture, there is a limit for everything hence you may decide after consulting with your mother and other relatives on the steps to be taken in this regard.
Prabir Bhaduri (Others) 19 June 2021
P. Venu (Advocate) 19 June 2021
As suggested, your mother can move under DV Act and seek appropriate remedies.
T. Kalaiselvan, Advocate (Advocate) 19 June 2021
You do not have to beg her or be at her mercy for seeking dissolution of your marriage by a decree of divorce.
You can very well file a contested divorce come what may bcause in any cae she is not going to come for a compromise hence how long you think that you can live with the fear of her retaliation of some criminal cases against you people.
You do not have to be worried about her backfire cases of DV case or any other case, you can challenge them as per law.
There has to be end to this continuous tortures hence you begin it now without anymore delay.
Prabir Bhaduri (Others) 20 June 2021
Prabir Bhaduri (Others) 10 July 2021