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victoria (Sales executive)     29 October 2011

Wife harrases husband

Hi,

My borther got married past 15 Years back, but unfortunately has not got a happy life.

 

His wife never cooks, never helps in anything, all the loans PL , home are on his name, and then he has not got a personal life.

 

She abuses him with all the possible dirt y things she can say, and if grows far kicks him out of the house.

 

My brother drinls alcohal sometimes, however is not alcohlic.

 

He is a govt servant, how to get rid of her with out paying any compensation , as anyways all of his  money is going in installments.

 

Please advise..

 



Learning

 16 Replies

Tajobsindia (Senior Partner )     29 October 2011

@ Author

1.
In-sufficient information. Means under which marriage act they got married 15 years ago! Do they have any children?

 


2. 15 years somehow living under a roof clubbed with heavy debts and now ‘thinking’ is going to be a very expensive litigation during his summer days. Ask him to re-think before filling papers.

victoria (Sales executive)     29 October 2011

Basically, they did not get married in court, neither in any temple, nor as per tradition.

 

This was a love marriage, and his wife is our Aunts(chacha's wife's ) sister, I do not know how legal is the marriage.

 

The debts has been taken as she has forced him to do so, she is earning as well, and she never spends a single penny.

 

Yes they have two children, and he is ready to pay them for living or full fill thier needs, but does not want to pay any kind of heavey amount to her, as they own a house, and my brother has been paying EMI from past 12yrs, and is a joint house, so she has anyways got the 50% of the same.

 

Also if they do not get seperate, is there any law for males ?

 

Could you please confirm how legal is the marriage as well?

victoria (Sales executive)     29 October 2011

Tajobsindia  please give me a response...

 

Thanks

Tajobsindia (Senior Partner )     29 October 2011

1. Well whatever (his marriage) they did 15 years ago the answer is that they in eyes of society are seen as a husband and wife and on top of it two kids out of their wedlock so it is a marriage they have as per as various maint. Law is concerned and no point today asking legality of their marriage it is painfully too late a self question to justify !


2. As suggested earlier such long marriages may be dissolved but that piece of court paper comes at a price. Saying he will not pay to her is no good to the ears of any Judge (well I am not one BTW) so prepare him to talk to HER of what it will cost and mutually part way accordingly as the moment he puts in papers the casino royal meter will start clicking for him and at the end of it he will end up to PAY to get rid of her so if same thing could be somehow mutually agreed between them beforehand then it is always better to opt civil domain niceties otherwise out there it is a big bad GENDER BIASED LAWS just waiting for Indian MEN to try to swim through it.


3. Other option is to on various admissiable evidence grounds of ‘cruelties’ of past 15 years he can give her a chance to contest and swim through it but that route is time consuming and may take anywhere around 3 - 5+ years and meanwhile if she is smart she may use the other GENDER WEAPON LAWS whose dutiful discussions we all did in this very family law forum which you may review at leisure before shooting next set of questions to us.


Think……. Think…..Think and act accordingly.

victoria (Sales executive)     29 October 2011

Thanks, so I suppose the best way is to get a mutual divorce I suppose.

 

victoria (Sales executive)     29 October 2011

I have one more question, his wife earns more than him, and she has the house   on the joint name, also the house appliances they have purchased, she didnt contribute anything... she has never ever paid for the school fee eithe as by brother gets it re -imbursted.. and then she never does any house hold stuffs, I have got her call recorded to prove her behaviou in future...

 

But do you really think even after this behavior the cour will support her.

 

adv. rajeev ( rajoo ) (practicing advocate)     29 October 2011

If your brother's wife claimed maintenance you brother bound to pay it. It cannot be avoided. Instead of daily fighting and mental tension, let your brother discuss with his wife and go for consent divorce. IN case maintenance it is better to go for one time settlement. One thing if your brother's wife is working she cannot claim maintenance and but she can claim for her minor children. If it is girl child till her marriage, if son till attending the majority.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 October 2011

mr. rajoo is vry well explained


(Guest)

 if you talk of mutual divorce or anything she will sit down with bargain... she will get nothing... throw her out if talks dont materialise... once she is out then she realises his importance... if she does not well and good for every one... be clear share or get lost...

M V Gupta (Advocate)     29 October 2011

If your brother is willing to divorce his wife he may file an application for divorce on grounds of cruelty. Recently Bobay High court  grnated divorce where the wife has been harassing her husband constantly and abusing him on one pretext or the other. But he should take care of the property which stands in the joint names of him and his wife. Further as advised by the Experts above, he may be liable to pay for the maintenance of his minor children if thier custody is with her.

S B PATIL (DIRECTOR)     30 October 2011

while on table she is also liable for debts made for purchase/constrction of properties moreover if kids prefer to stay with you she can be ousted without much difficulty . be careful while negotiating.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

True, sit across the table and talk things out, it might be cheaper in the long run,

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

K.P.Satish Kumar (Advocate)     05 November 2011

He can file divorce on the ground of cruelty. Regarding mainteneance he should pay to his wife. since the wife is jobless and your brother is a govt servant.

K.P.Satish Kumar M.L.

Advocate: 9962999008


(Guest)

I came across a woman in Mumbai who was married to millionare with two grown up kids. After 20 years she the housewife decided to divorce him on usual grounds. I told her that she would get only one time tiny maintainence. I was right. She got Rs 25,000/- Rs[500 US Dollars]. She went to a big city where she owns a very expensive mansion with a swimming pool. I got curious and when I asked her source of income[She had very poor parents]. She told me plainly that she knew all about her ex's slush money accounts and extorted a major chunk of that cash and gold out of her ex. You never know what may happen? We women were ceated by God to extract Gold and semen outta men lol!


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