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HankRearden (General Manager)     15 June 2014

Wish to be separated from my wife

Hi!

I need advice from forum members having superior legal knowledge and experience, regarding my separation from my wife

 

Details of the couple

Husband - I am 29, Hindu, MBA graduate and a very succesful professional. Working in a Mumbai based compnay as General Manager. Earning INR 25 Lacs per annum

Wife- She is 26, Hindu, premier school MBA graduate, working witha mumbai based company. earning INR 10 Lacs per annum

 

Details of marriage

We got married in Feb 2014 this year itself. It was an arranged marriage settled by our families. We had met a few times before getting engaged. Intially, she seemed to be a nice person.

My Marriage is still not registered

 

Deatils of any joint asset/children

No joint asset or liability. No joint accounts. No children

 

Reasons of diagreement/ separation

1)Everything that I liked about her was fake. I have been a family oriented person, and I made that very clear to her before marriage. She said she was okay with staying together. Now, she shows contempt for anything and everything that has importance to me

2)quarrels - she has been fighting with me since day one - since our honeymoon. I had arranged an expensive foreign trip, which was a total waste considering all we did was fought with each other over petty issues

3)In her presence, I feel like killing myself. I feel I would have been much happier with any other person in my life

4)She is very very immature. Her idea of a marriage is to make sure all her expectations are met, while not giving anything in return - not even an ackowledgment , no respect towards me or my family

 

I know its 4 months into the marriage, but I have realised that the only options I have are:

a) to wait for things to get worse, and allow myself to be tortured

b) to honor my right to live happily, and get separated with this woman

 

Any physical or verbal abuses/torture?

None. I have been able to keep myself sane in wake of continuous mental torture

 

The advice I need from the learned community is on the following areas:

1) Is it too early (in eyes of law) to ask for a separation? If yes, how long do I have to wait? can be cooling off period be shortend by a court of law

2)How should I approach this situation? Ideall I should think about a mutual separation. But like I said earlier, it is impossible to have any meaningful conversation with my wife. What should I do? shall I send her a notice or something through an attoerney? How soon?

3) I was contemplating about moving to a different city to save myself from the torture, and as a pre-cursor for divorce on ground of continued separation. Is it a good idea (will it strengthen my situation in a court of law)?

4) I did not seek or demand a single gift during our marrige. Can she claim an alimony from me? Considering the fact that she earns INR 10 lacs an year, will the court grant her an alimony. Also, even though I earn INR 25 Lacs Per annum, I have a INR 10 Lac education loan to repay (My MBA loan)? Will this go in my favor?

5)Can she harrass me or my family on ground of dowry demand or any other archaic law? In which case, will the courts beileve her? will she need solid evidences or just circumstantial probability would work?

6)What are the precautions I should take so that going forward she cannot harras me financially or otherwise

7) Our marriage, even though unregistered, was a proper ceremony which was witnessed by both sides. I dont want to lie in the process or deny it, but still wanted to understand what is the legal status of this marriage. 

 

Thanks!  Expect specifc replies. I have tried everything I could do to re-concile our differences, so any sugegstion apart from that is welcome




Learning

 4 Replies

Rishabh Raj (Lawyer)     15 June 2014

rishabhraj_advocate@live.com 

Send me an e-mail with this message as a copied item. I will reply to you promptly. 

Rishabh Raj.

Reg. id. A67641OBA

Gautam Kapoor (IT professional Studying Law)     15 June 2014

4 months is not a ripe time legally to contemplate divorce .Till the time turns ripe ,you are well advised either to look for amicable solutions/ammends to further your married journey or otherwise collect  solid proofs on which divorce could be granted,simultaneously picking up recorded cues to safeguard yourself and your family members from DV and 498 as the byproduct of divorce is for sure 498,DV and maintenance.

Saurav (Engineer)     15 June 2014

delete

advocate Avdhesh chaudhary (advocate/ legal consultant)     15 June 2014

YOU can not go for divorce with in one year of marriage. try this period in sorting out your differences& mean also collect evidence of her cruelty for regular divorce in case she does not agree for MCD. Advocate Avdhesh chaudhary, 098915507137


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