• Seeking divorce

I got married a year back. My wife is also working with a private firm. I belong to a homely family. In the starting of marriage my wife demanded to take her out few times. But my family did not considered it right and even i was not able to convince them for the same. Slowly difference started arising between us. I feel that the way she communicate things is not proper. She got few proofs of my past relationship with my colleague who was working with me till few months back and who is married now. My wife used to torture me with questions related to my present relationship with my colleague. She is even harassing me that she has evidences of me and my colleague being online together on whatsapp for conversation. She is blaming me of emotional infidelity. I have undergone through a dreadful phase of depression, and still suffering from sleep disorders. She has failed to give emotional security to me. On these grounds i have asked her for a divorce. But she is not willing for the same. What legal actions can be taken for the same? Can she file a case of harassment against me and my family. Its been a year of our marriage and after 2 months of the marriage my family and me had a formal talk with her regarding her conduct and the way she talks at her parents home. At that time her parents also accepted that they way of her expression is not proper. I have also recorded the talks. Can this recording formally work against her to nullify harassment case.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. In matrimonial dispute of irreparable nature  it always best to end the same by way of mutual divorce.
So convince her to do the same , may be, in lieu of permanent alimony.
2. Explore the first option only if the marriage is not going to work at all.
3. Yes, she can file case for dowry harassment and other charges. However once you get bail, you need not worry much.
4. The contested divorce suit does take time in India and if you could prover herr mental tortures you can get divorce.
5. Before doing these things I would strongly recommend you to give your marriage one final try.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Hi, it is better you can sort out the issue amicably so both of you go for mutual divorce and your recording may help in the court when the matter was contest.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your marriage has not yet reached a point of no return. You and your wife should meet a marriage counsellor to reconcile your differences.

2. If marriage cannot be saved despite all efforts then file for mutual consent divorce to amicably separate instead of washing dirty linen in public.

3. If she does not agree to divorce then you may unilaterally file for divorce on the ground of cruelty. She will be given an opportunity to contest your case.

4. She may file a case for dowry harassment against you and your family, in which event you should immediately seek anticipatory bail from the court to avoid going to the jail.

5. Since she is working she may not get any alimony from the court.

6. Audio recordings can be used as evidence in the court.
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0
1) it is better you visit a marriage counsellor to resolve your differences . 

2) if situation does not improve file for divorce on grounds of mental cruelty . 

3) making false allegations that husband is having an extra marital affair amounts to mental cruelty . you can use audio recordings in your possession 

4) please note that contested divorce cases take over 5 years to be disposed of .

5)in the event your wife files 498a case obtain Ab and contest case on merits
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Marriage is the intimate union and equal partnership of a man and a woman. Now Divorce is not a good remedy in your problems.

 First, you and your wife must consult a psychologist or marriage counselor .The way of communications between both of you made big mistakes and misunderstandings in life. Misunderstanding leads to breakups. Differences in opinion frequently lead to quarrels. More serious problems arise from heated discussions that turned into intense arguments. The fact is that no two people are alike. You may have different backgrounds, perspectives, personalities, and professions.

Legal remedy

•	After the consultation with psychologist or marriage counselor you feel that your family relation ship is irreparably broken down then both of you file joint Divorce petition.
•	If your wife is not ready for Mutual Divorce petition then file a divorce petition under the ground of cruelty.

Any time she can file any case against you for seeking her matrimonial remedies.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi
If the marriage completed one year you can file a divorce on ground of cruelty.
2.cruelty has to be proved and you have to produce evidence of any form including voice recording.
3There will be a chance of mediation/counseling so in case a possibility of a settlement you can try for that
4.When you file divorce you alsohave to get, ready to face criminal charges of 498A.
You can get anticipatory bail if you apprehend an arrest.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
1. Both of you have matrimonial discord,

2. Your allegation is that she has has failed to give you emotional security which the court may not accept stating that you should have been emotionally secured to marry an innocent girl,

3. The way you can file cases against her the same way she can also file la battery of cases against you,

4. You are suggested to settle the matter amicably,

5. If staying together  is not possible, go for mutual consent divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Dear Querist
The future is uncertain, so no need to worry for future.

try to settle the matter amicably and try to save the marriage if possible
if not, then go for MCD, otherwise file a contested divorce u/s 13(1)(ia) of Hindu Marriage Act
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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