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Ajay Singh (proprietor)     10 December 2013

Wife not agreeing to mutual divorce- wants me to send notice

Hi ,
Current Situation :
Separated almost since inception , now wife is agreeing for a divorce but is adamant that she wont go for mutual, wants me to send her a divorce notice , and then she says she will sign it (as if she is soo obedient ).

Background:
We belong to Rajput community, My mother was paralysis patient at the time of my marriage we had disclosed our family details , financial details, education , job , earning, food habits etc very clearly to my in-laws. I have been married for 8 years now, my parents live in X city and I live in Y city and my wife lives with her parents in Z city almost since inception. She is working since past 6 years. I have resigned from my job and currently unemployed .. i just grab some small income from here and there by providing consultancy ...(not more than 20 K per month)

Post marriage she was supposed to stay for couple of months with my parents and then move to my city, but within 2-3 months she started creating problems with my parents, she is a hardcore vegetarian and created a lot of veg/nonveg mess-up in my parental house where in vonveg is a routine, my in-laws never disclosed this info, and finally once she went to her parents house under the pretext of cousin's marriage and never returned. She is very foulmouthed and arrogant and does not fit into our culture. I tried interacting with her thousands of times but all in vain , almost all our discussions turn into arguments due to her arrogance.

Until 2 years back we had never lived together due to this arrogance, after lot of pressure from my family she too was forced to stay with me, she stayed for 7-8 months and under the pretext of her mother's health went back and now denying to come back nor does she agree for a mutual divorce , She says "u send me the papers and i will sign it"

Short Stay : 
During her stay she ensured to keep things sour and never was interested in talking to me. she used switch between rooms whenever I went to the room where she was sitting. Every time i tried to talk she made it sure that it ends up in heated argument triggered with her foul-mouth, she used to push me to the extreme mental torture limits, I repeatedly told her to not use arrogant language which triggers heated arguments but .... there was no physical relationship between me and her.

One act of violence
I am honestly ashamed of what I was pushed to doing, but there was no option
Once during a heated argument she pushed me to such extreme limits that I lost control and kicked her and pushed her on bed and putting my feet on her neck I repeated several times .. why do u push me to such extremes .. and warned her not to offend me any more.
Next day she asked her relatives to come and take her with them , they went to a hospital and got the documentary formalities done. although I am sure it was nothing serious atall but they made it look like i had badly assaulted her ... which was a lie .. it was a minor violent act which I think was preplanned and I was intentionally provoked.  A week later she came back and 1 month after that went back to her parents home to cater to her mom's health , now she wants to stay like this forever and not ready to divorce or live together.

I never collected any evidence , nor am I prepared for legal stuff ...

Please advice what shall i do ?

What rights does she have ?

What about her rights on parental property ?

How and why is alimony applicable ?

Ajay Singh.

 



Learning

 1 Replies

gautam (not disclosed)     11 December 2013


Please advice what shall i do ?

8 yrs......I guess divorce only will enable to move forward

What rights does she have ?

Apart from the legal rights she has (e.g. filing 498A,HMA etc), She have rights to maintenance from you till the time she remarries.

What about her rights on parental property ?

As of now, no rights to Parental property, but she retains the right to stay with you in your residence until she divorces

How and why is alimony applicable ?

Alimony will be based on income, expenditure, asset and liabilities, roughly 1/3rd of your income

 

 


 


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