• Divorce after 5 years of marriage

Hi All , I have been married for 5 years to my wife and past 5 years have been not so beautiful in my life. Since the 1st day of the marriage we have had fights about she taking loans for marriage and fulfilling them. Then she never wanted to move back to m parents house because of her carrer ,and also had many guy friends who she keeps on saying are just friends ,however i have seen and heard many things that its not the case. I have been frequently traveling since my marriage due to my Job and behind my back there has been many guys who she had been roaming and spending time with.Then my parents decided to come and stay with us since its in best interest if parents stay together. She started fights abuses and even tried to cut her hand ,and leave house late nights and say a lot of vulgar things threaten my parents getting drunk etc, so finally my parents left and never came back to stay with us. One day i got fed up and i also left her ans went to my parents place and then flew to Singapore, for my permanent job there.During this time i have sen many proofs and even her own brother in law have said she has been doing stuff around. One last thing since working in Singapore i have picked up a property in India in my name on loan. Her father has given 10 Lac as a down payment in that house. So my questions are 

1. If i file for a divorce , i have following concerns 
- Will my house be taken away from me 
-Can i get some investigation done and file for adultery 
-After how long , can the marriage get dissolved staying away for her 
-She does not want a child or stay witj my parents house what can i do ?
Asked 7 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

1)you should repay her father loan of Rs 10 lakhs with interest and then sell the house

2)if you dont repay wife can claim right to stay in her matrimonial home and demand share in flat as her father paid Rs 10 lakhs for purchase of the house

3)gather evidence of wife adultery through detective agency and file for divorce on grounds of mental cruelty and adultery

4)you can file for divorce on grounds now no need to stay separately . it is only in case of divorce by mutual consent both parties have to stay separate for one year

5) wife constantly abusing in laws amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. Your father-in-law may file a suit for declaration of his title to the property on the ground that it is benami as the sale consideration was paid by him, but the property will not be taken away at the throw of a hat. The court will hold a full fledged trial.

2. You are free to hire detective to find out the truth of what you have heard about your wife.

3. One is free under Hindu law to file a petition for dissolution of marriage after the expiry of a year from the date of marriage.

4. You may file a petition for restitution of conjugal rights if she does not want to cohabit with you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The wife has no share in the proeprty of husband. However under PWDV Act if the house belongs to husband she has right of residence making the proeprty litigated till the cases gets resolved.

2. Investigation is to be done by you and not by police. If you gather proof of her sexual intercourse then case of adultery u/s 497 IPC can be filed against her male friend bt your wife is immune from any criminal action.

3.The adultery is however good ground for divorce and the divorce suit generally takes around 3-6 years to complete. Staying away from her for any number of years will not automatically dissolve the marriage.

4. The marriage seems to be over and of she does not agree for mutual divorce then file contested divorce suit.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Dear concerned

No the house cannoto be taken away from you but your wife can certainly claim residence requirement. It would be good if you could transfer this 10 lacs back to your father in law.

Assuming you have some proofs of your wife sleeping around or exchanging adult content you may file adultery

Marriage can not dissolve by just staying away. One has to file for divorce . Staying away can just be one cause.

You can take this as a reason of Divorce as making son stay was from old parents and also not bearing child comes under cruelty.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1 ) even if you have taken loan and are repaying loan wife can claim share in the property

2) wife can always withdraw her consent in petition for divorce by mutual consent

3) you need to prove allegations made in contested divorce petition of mental cruelty

4) detective can find evidence of your wife adultery in the past

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Dear Concerned,

This is good that you have been making the payments of the loan and hence there should be no issue- also as this flat is entirely on your name it would be difficult for your wife to stake claim.

The money was transferred by your wifes father to her account and also your parents transferred money to her account - so basically you have all the documents for this transfer - and the down payment was also done from this account - SO as mentioned earlier if you want you can pay this 10 lacs back to your wife's account keeping track of the payments made and hence also saving your self from any false claims your wife may make.

Yes after filing mutual consent you wife can change her mind but need not to worry in a recent judgement by Delhi High Court - if the wife walks out or changes her mind before filing the second motion of the mutual consent this too falls under cruelty.

it depends what exact services are you looking for - from the investigator

Yes any thing you allege you would need to prove it .

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

No it is not benami proeprty.

After filing of the mutual divorce petition and before the final hearing one can always withdraw her consent for mutual divorce and refuse to appear in the case.

The evidence of private investigator has no value unless he gives evidence in court.

The evidence of your parents in court about the mental tortures of your wife is enough evidence to prove instances of cruelty.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. You are paying to the bank, not your father-in-law. So he may still claim it is benami.

2. In mutual divorce the court grants a cooling off period of 6 months before holding the second motion. Before the second motion either party can revoke his/her consent.

3. You inevitably require evidence of mental cruelty if you are to file a petition for dissolution of matrimony unilaterally.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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