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sonal (consultant)     30 March 2014

Want divorce help

Hi,

I got married last year, mine was an arranged marriage. Post our marriage things were all right between us for few months then slowly and gradually we started fighting on every small things. Before getting married I was working but due to my husband pressure I had to resign the job and post marriage he started passing comments on me for not working. I was earning better than him and better qualified then him but he and his family gave wrong information about him to me and my family. I was very upset with this lie of their's. My husband started fighting with me after i came to know the truth and started giving me mental torture by using all abusive words in house and over phones and threaten me that he will send me back to my parents house. I started working in a different city and from last 4 months we are living in different cities. Now the situation is that whenever we see each other we just fight.  Its being months that we have stopped talking to each other. I had enough of his mental torture and want to end this marriage but my husband is not cooperating me. What should i do in this case? Our marriage is still not registered, do i need to get it registered before filling divorce? Any suggestion will be a great help.



Learning

 3 Replies

Gautam Kapoor (IT professional Studying Law)     30 March 2014

@Sonal-  if you let  your ego's set aside .. you can still  resolve the issue.Try to sort out the actual difference with him not FRACTAL.Let us know how this goes about.

Gautam Kapoor (IT professional Studying Law)     30 March 2014

All the best...

Samir N (General Queries) (Business)     30 March 2014

I believe that your marriage exists from a legal perspective even if it is not registered. This is subject to the condition that it was solemnized with proper religious procedures, which I presume it was. So, you are a married woman! Congratulations!!


Now lets talk about future. You need to think hard before you decide to divorce. Grass is always greener on the other side until you reach there. Point is, your next husband may not be a better one. Marriage consists of a set of compromises and only when you are convinced that you have sacrificed enough, should you think of divorce. Think real hard. There are some monstrous men out there (and even bigger monstrous women). You may be having a good husband relatively speaking! Look closer... may be divorce is not what you want.


Assuming that you have decided to divorce:  What you describe above will not satisfy the criterion for mental or physical cruelty so cruelty as a basis for divorce will be thrown out unless your husband gets a bad advocate. A good advocate will argue that this is just a regular wear-and-tear in a marriage not amounting to cruelty. You will be wasting your time in pursuing divorce based upon cruelty.


Next option: Divorce based upon desertion. You need to be deserted by him for two years. So, you will need to show evidence that your attempt to reconcile with him have failed because of him and that you have been separate for two years. Cunning wives (and there are no shortages of these types) usually stay away for two years during which time they smartly collect evidence to blame the separation on their husband. And Voila!! Its divorce based upon desertion.


Last option: Mutual consent. It appears that he does not want it. That means one or more of the following: He loves you a lot, he loves your earnings or potential earnings (may be inheritance) or he hates you a lot or he is concerned about paying you maintenance.  If you want to get remarried which it appears you want to, give him a suggestion: Lets get divorced and I will waive maintenance. Now, technically speaking, maintenance cannot be waived but you can work something out that is legally sustainable and makes both of you happy.


Conclusion: Analyze your situation. Think practically. Shut your emotions in a drawer. Take firm decisions before you take the next step.  Once taken, do not waiver from the decision no matter what. Then plan and execute the plan to reach your goal in a methodical and unemotional manner.  Before you go out there and hire an advocate, do a thorough reading on all the applicable Acts. 


GOOD LUCK!!!


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