• Wife not giving divorce and not permitting me to go abroad

Both of Ours is 2nd marriage and have 1 onlykid from it. We don't gel since initial but 2nd marriage so peers pressured and we couldn't take decision. Due to distance I got another Female In life got attached and intimate. On morale grounds when she got doubt I told which she made public and since then till date without any proof she is harassing. Kind of narcissistic approach and compulsive personality disorder and pathological jealousy symptoms she has I can sense from knowledge without degree. M suffering from inside house, outside house and career problems due to her. Now she is saying on one side pay in lacs or buy new flat in proper good decent locality, kid remains with her, no right of kid on my ancestors prop but changing statement that never meant it while on other side telling me u go to court and I will reply there and expose u even if court doesnt give me anything. I have plan to go abroad, but she is saying u decide what want to I willecidewhat I want to. Got married 6 years. Staying together still at my place. No cave on me yet from her.So kindly inform,
1. What in case if she is not willing to initiate divorce and I do, is it possible on grounds of mental cruelty for husband to apply even if he has a dark spot In Life without any proof with her
2. Should my father submit app in collectorate to remove me n her from his house basis his sufferings due to our daily verbal and sometimes physical violence(I dialed 100 and called police twice for protection, I have app number of both), so basis that I can leave home and can take her to small time place so later father can sell off this property without hurdle. Can she get stay on that process or reclaim her stay without our approval. P.s.- no divorce case lodged yet by either party but this is my attempt to save my property from future possible any worst scenario.
3.what if I goto abroad n not tell her cause she is not approving. As later she will know, what could be consequences.
4.Does she has any right on new property or on money after selling old existing property.new will be on my father name. And rest monies will b in father name bank account

Our families don't have any relation and her parents say whatever u both decide and many times say will not take her back and no divorce permission from.them So, all type of lady tantrums and street charitra she has tried inside home like not giving food on time, proper food, not sleeping together since long, not respecting our religion Lord. Crying and talking about her past mostly, repeating that leaving her x was her mistake etc. Now she is teaching son too when in fight, what I did and how bad his father is, and keeps crying like victim of century and universe. She is not ready for solution but staying to catch me again and ignoring me completely. What is ur guidance for these 4 points
Asked 8 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

Hello,

1) Yes, it is possible for you to file for divorce on grounds of mental cruelty. If she alleges about your extra marital affair she has to substantiate it before the court. As you say if she does not have proof, she can not succeed in doing so.

2) She being wife has the right to stay in her husband's house.If you rent a house and shift there she will be compelled to stay where you are. She can not make any claim on your father's house as she does not have such right.

3) You do not need her approval to go abroad. For reasons you know best, if you go without informing her and she learns about it later, she can not compel you to come back.

4) No she can not make any such claims and in the first place she does not have any right in husband's property either.

Once you file for divorce, you can seek court's mediation for a settlement and divorce through mutual consent and decide on access/custody rights.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1.On the ground of mental cruelty any of the spouses can file contested divorce suit. if the allegations are proved then the court can pass decree of divorce.

2.If this house is owned by your father then he can ask both of you to move out of this place.Then he is free to sell the house.

3.You Are free to move around anywhere you want ,more particularly in connection of job. She has nothing to do in this.

4. No, she has no right of residence or sahre in the property on her in laws.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1)you can afile for divorce on grounds of mental cruelty but have to prove allegations made in petition

2) if your father is senior citizen and owner of flat wherein you reside he can direct you and your daughter in law to vacate his house .

3) if your wife refuses he can obtain court orders to direct you and wife to vacate portion of house in your possession

4)wife has no right s on any property standing in name of in laws

5)wife has no right on money received on sale of property

6) you are at liberty to go abroad for work purposes. you dont need wife consent

7) wife can file flase case of dowry harassment .

8) if wife files false case obntain AB from sessions court

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. You can file a divorce cae on the grounds of mental cruelty. You need not produce documentary evidence for all those events that took place within four walls.

2. Firstly you should be aware that she cannot claim any share in your property or your father's property as a right.

Instead of moving collector, your father can give a notice to both of you asking you both to vacate the property owing to the tortures and harassment that she has caused to him etc.

After notice he can file an eviction suit to evict you both from the property.

3. She has no rights to stop you from travelling abroad. She is not an authority over you to give such dictates.

There is nothing wrong in you travelling abroad, she cannot do any harm to you in this respect for not listening to her.

4. She has no rights in your properties either new or old, neither she can claim money from your father. If she indulges in any such act, it can be treated as an illegal act for which she can be booked and kept inside.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

1) you have to file for divorce on grounds of mental cruelty if wife refuses to grant you divorce by mutual consent

2) you can get divorce if you are able to make out a case for mental cruelty

3) if you don't have any evidence of mental cruelty your petition would be dismissed

4) you can prove your allegations of mental cruelty by your evidence and that of family members

5) if wife has not filed any case against you it would imply that you have not committed any offence of domestic violence / dowry harassment

6) wife can file498A case / DV case even while she is staying in your house

7) stay separate from your parents . It would insulate them to some extent in case false case is filed against you

8) you can file petition for judicial separation

9) court will ask you for evidence and then only grant divorce

10) your wife will oppose grant of divorce and seek maintenance form you if you file for divorce

11) contested divorce cases take5 years to be disposed of . Legal fees would depend upon the number of dates and lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. You can decide whether to continue or to dissolve the marriage by a decree of divorce.

2. Whether wife likes divorce or not, whether she agrees of not, if the husband decides to divorce his wife then he can go ahead with a divorce petition before the court, if he thinks that it can be the only relief. He has to file a contested divorce case on the basis of the merits he relies upon.

3. You may not be able to produce the evidences for cruelty in the court, but it cannot stop you from approaching the court, you may corroborate the events by making pleadings in such a way that the evidences dont play a vital role to express your hardships that you faced when you lived together with her. Your advocate will take care of all such things.

4. In what way is it going to help you, dont go by such false impressions.

5. If she decides to lodge criminal complaint against you, she can do it while she is staying with you in the same house also, there is no impediment in it.

6. Is there any case against them yet?, if there is no case agaisnt them, what is your worry about them so soon, you can decide about it when that happens.

7. Yes, you can file a divorce petition even while staying together because you are experiencing the mental harassments and cruelties everyday within the house.

8. Divorce or judicial separation under section 10 of HMA shall be the relief.

9. Whether she is willing or not, the court will decide the case based on the pleadings and the evidences, arguments by both sides. Since it is a contested case, the court will decide only after hearing both sides, ascertain the facts and issues and give its verdict based on its opinion.

10. If you are not able to guess your own situation how can others outside can predict what is there in her mind, whatever it may be, you may go ahead with your decision that you have already taken.

11. A lawyer cannot predict another lawyer's fee, I amy be able to tell you my fee and charges but that too I cannot express in public forums like this, I can inform my fee if you propose to engage me, hence this question is answered accordingly.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer