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(Guest)

Want to leave my wife

Sir/Madam

I was married earlier on 23rd Jan 13. I am 29 years old and I am a diabetic person since 7 years. I have told each and everything about my health and financial position to her and her family before getting married. After marriage she started abusing languages to me and my mother and other family members. She said the decision was wrong to getting married with me, she has done a big mistake of choosing a diabetic patient. She always fight with me and my mother, infect she attacked on mother two or more times. She left my home twice. She always threatening to us that she will raise a FIR against us for bribery, dowry and physical violence. I called her parents so many times to come and sort out the matter but they never came. She doesn't want to stay with my mother in the same house. She always force me to take her to the other house after knowing that I am the only son of my mother. Her behavior is not good with me and my family members also. Her family is also not willing to come. She has left my home and staying with her parents last 4 months. I have demanded nothing in dowry. Inspite of this she always threatening me to take a legal actions against us. I have no option to leave her. We all are afraid now. Please help me or my family. Please advice what the best can be done. I want her and I love but nothing to do. I have tried so many times to make her understand but I failed. I want live a happy family life with my wife and with my mother also. Kindly suggest me the right way. I will really appriciate.



Learning

 10 Replies

S.QAISAR ALI ADV. (Advocate)     27 December 2013

For the welfare of your family and  maintain social status in society you should left no stone untouched to manage good relations with your wife and her parents,If you are not success to do so,must file a divorce case against her in some competent court placing the mentioned facts before the hon'ble court.Thus you can get rid of this problem.

1 Like

(Guest)

Sir,

Thanks for your reply. but how it can be possible?

Ajay (Legal Advisor)     27 December 2013

Procedure for Filing a Divorce

The procedure for seeking a divorce by mutual consent, is initiated by filing a petition, supported by affidavits from both partners, in the district court. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners, that due to their irreconciliable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, in their petition for divorce by mutual consent, are custody of child, alimony to wife, return of dowry items or “streedhan” and litigation expenses.

However, if either party withdraws the divorce petition within 18 months of the filing of the First Motion Petition, the court will initiate an enquiry. And if the concerned party continues to refuse consent to the divorce petition, the court will no longer have the right to grant a divorce decree. But if the divorce petition is not withdrawn within the stipulated 18 months, the court will pass a divorce decree on the basis of mutual consent between both parties.

However, not all estranged couples agree on the desirability, grounds or the conditions of divorce. In such cases, one party files for divorce in the court, but the other contests it. This forms the case for the filing of a contested divorce. Some of the grounds on which either spouse can file for a divorce in India are:

  • Adultery on the part of the spouse of the petitioner, or any other s*xual relationship outside marriage.
  • Willful desertion or abandonment of the petitioner by the spouse, for a continuous period of two years in India, before the date of the filing for divorce.
  • Infliction of physical and/or mental torture on the petitioner by the spouse, which may result in danger to life and health of the former.
  • Sexual impotency or inability to perform s*xual intercourse by the spouse of the petitioner.
  • Insanity or suffering from incurable disease by the spouse of the petitioner.

The actual process of filing for divorce, however, begins with the hiring of a lawyer. The importance of having an efficient lawyer cannot be over-emphasized, if one is to get through the complexities of the legal system in India. So whether a person is filing for divorce or contesting one, he/she should see that the lawyer is not only well-versed with laws related to marriage and divorce under the relevant marriage act, but also has adequate experience in guiding his/her client to the best possible divorce deal from the court.

After the petitioner and his/her lawyer have decided on which grounds to file for divorce, a divorce petition is formally drafted and filed in the relevant court. The petitioner is required to provide his/her legal representative with photocopies of the following documents:

  • Income tax statements for the last 2-3 years
  • Details of the petitioner’s profession and present remuneration
  • Information related to family background of the petitioner
  • Details of properties and other assets owned by the petitioner

Here it may be mentioned that it is in the interest of the petitioner, to provide all details of his/her marriage to the lawyer. This will not only include facts related to when and where the petitioner and spouse got married, but also details on how problems cropped up in their marriage and the events that finally led to the petitioner seeking divorce. The more honest the petitioner is with the lawyer, the easier it will be for the latter to present a strong case for his/her client.

After the first petition for divorce has been filed, the petitioner can sign a “vakalatnama” is which a document giving the lawyer the authority to represent the petitioner in court. After the petition has been received by the court, it will send a notice and a copy of the petition to the estranged spouse of the petitioner, asking him/her to appear before the court on a specified date. From here on, the legal process of seeking a contested divorce will take its own course.

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

Mr. Aditya Gupta, you have stated that you want to live with your wife and lead a happy married life with her, then why are you seeking the solutions for divorce or something related to that.  Now, since your wife demanded you to set up a nuclear family by keeping her in a separate house away from your mother, though you are the only son to your parents, for the present you compromise on certain issues, keep your wife in a separate house, live with her, at the same time maintain your wife also by providing money for her needs, visiting her very frequently, taking care of her health and other essential needs, etc.  This double establishment may be a costly affair to you, but in order to achieve something you may have to sacrifice a few things.  Do not initiate any legal action against her like filing RCR or even sending a legal notice etc., go visit her house, talk to her in person, talk to her parents, agree and accept to their terms, arrive at an amicable solution and see what else can be done to save your marriage.  If you have to ensure your an un-disrupted married life, certain aspects have to be adjusted, bear it in mind. I do not ask you to compromise your self respect or dignity of your family, tolerance to be adopted.

gautam (not disclosed)     27 December 2013

Hi Aditya,

you started saying about your diabetic issues, but the rest of your post looks like your wife does not want to stay with your parents.  Both of you don't have a problem staying with each other, though, so two solution as others have mentioned before

a) live separately in a different house with your wife.

b) separation before child comes into the picture


(Guest)

so patriarchal ....


The parents who had given birth,care,love,affection and then career and make him stood on his leg so that his son would marry a good girl but the girl who comes after marriage make him separated from his own old parents.Very pity state of affairs.


Maa Baap ne Zindagi diya .....sab kuch diya, jinki vajah se hum saans lete hain ......aaj ek aurat ki bajah se unko chod dena, kahan tak sahi hain mere dost??



Biwi ne kaha Ghar chod do......,


Old Maa Baap ne kaha mujhe Mat chodo.....,


Biwi ne kaha Maa baap ko chodte ho ya File karun 498a or DVA?/


Aage.........kya hua


Bhai aage kya hua yeh toh husband hi batayega???????



So,querist I want to know your opinion as pleasing a wife on the account of dodging your own old parents how much satisfy you?



Now, don't tell me that I will live like a Govinda of Sajan chale sasural and look after two homes simultaneously.


It's a priceless question to a son and not a husband so think over it before alluring your wife or pleasing the society with lot's of pain in your heart and if you wish you could see the wrinkle face of your old parents before jumping to satisfy the blood sucking wife who will be not yours if she was not at initial.



regards.

 

(ESIS)










1 Like

fighting back (exec)     28 December 2013

@ESIS.........welcome back to the forum bro.....missing you since a long time

@ the queriest........will you get a good nights sleep by abandoning your parents only on the sole threat by your wife........dont be a joru ka gulam for gods sake...

living for a day with you head high is worth more than living a thousand days like a slave at the hands of your wife...tell her to go ahead and file all that she has to file........dont worry man..no one is going to hang you..face it...

ANEESH TRIVEDI (ADVOCATE) (Advocate)     28 December 2013

wife / Biwi ek gayee to dusrl mil hi jayegai

par maa baap nahi milne wale aur agar maa baap ki cost par wife mil gayee to kal aapka beta bhi aapki cost par apni biwi layeaga remember the eternal principal "give and take of life"

if wife is coming on condition better , to avoid such condition for some time you also tell her " tum bhi apne maa baap pairvark se contact mat rakho" 

wo kabhi tayaar nahi hogi aur agar wo tayaar ho gayee to samaj lo wo aapko bhi ek din chhor kar jaa sakti hai, agar aap uski condition par apne maa baap ko chhor doge to wo kahegi

" jo apne maa baap ka nahi hua wo mera kya hoga?"

tab aap kya karoge, so this decision belongs to you , aapne shadi ki ab , duniya dekhi ab aap itne samjhdaar to ho gaye honge , aisi situation ko kaise deal kiya jaye, but remember aapka hi decision yaha aapko peaceful and healthy life dega.......

aap apni wife ko behtar jaante hai uske intention , uske haalat , sab samaj kar decision le haan par kisi bhi haalaat me maap baap ko chhor dena galat hi hai... galat hi hoga.... koi beech ka raasta dunde.. dusre ghar lene ke bajaye ghar ko hi do bhaag me baant de... sab saath rahenge to ek din apna pan aa hi jayega ....


(Guest)

Dear All,

With reference to my previous message, I just want to ask you all that. Can it be possible to marry other girl without leaving my existing wife?. I want to teach her a lesson Or what else can be done? What if, I am in relationship with other girl and having a child? Can both be accepted in the same house. Or what can be against on me legally? This is just my imagination, It has just not happened. Please suggest.

Thanks  

Ajay (Legal Advisor)     07 January 2014

Mr. Aditya Gupta what are you upto? I see ulterior motive from your part and i think you're using this platform of social media to commit crime taking advice from us! You're inducing people for own wrongful gain. I DON'T SUPPORT OFFENDERS!


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