I want to divorce my wife. I have been married to her since 4 and a half years now. We have a 3 year old child from the marriage for which I am ready to fulfill child maintenance and alimony as part of financial responsibilities. I just want to be set free. It was an arranged marriage that I have been not happy in since the second year of my marriage itself and I just want to be set free. My wife who comes from a family of police recruits, has been brutally harassing me and blackmailing me while refusing to divorce me. Even her family has harassed my entire family that if I file for divorce or separation then her family would file FAKE charges of dowry, harassment, and domestic violence. With the gift of god, I have found another girl who I deeply love and care and we wish to start our life together once my marriage is dissolved. I even tried to have a civilized discussion about this with my wife about how I have not been able to feel any love for her and we have living in a loveless marriage where we do not even stay in the same room since the birth of our son as I had been mentally separated from her long time ago. But, she is adamant and continues to threaten me like a psychotic person claiming that she loves me and would do anything to keep me in her life even if that means murdering this girl I deeply care about and threatening my family and me with multiple charges. I do not know what do I do. I feel trapped and I just want to be set free. Acknowledging, how Indian Law favors women and how her family of police recruits have influence to get me and my family tortured, I feel completely locked in. Please advise what should I do about it? People and family keeps on telling me that I should just make my marriage work somehow that it is not a good thing to get divorce as it is frowned upon in India. But, I know I have tired. She is deranged and all she has done is drive me towards depression. I can not for sure live with her. I want to be legally set free from her . Please advise how do I proceed in this.
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You can file for divorce on grounds of mental cruelty
2) wife constant threats to file false cases against you a nd your family amounts to mental cruelty
3) in the event wife files false case of dowry harassment apply to HC and obtain stay against arrest
4) if you are staying in separate house with your wife it would insulate parents to certain extent in case false dowry harassment case is filed
1. Divorce is best suited if both parties agree on terms and cndtions and go for mutualdivorce.
2.However if either of the puses refuses to do so then filing of contested divorce suit remains only option.
3.Contested divorce suit takes time and effort.
4.if your wife is unemployed then you are liable for 1/3-1/4th of your income towards their maintenance.
5. Your offer for their maintenance does not ensure mutual divorce unless she agrees for this.
- File a divorce under s. 13(1) Hindu Marriage Act.
-Contest the case of divorce against your wife; and only once you are granted the same and she does not files an appeal within 90 days from the date of grant of divorce, you would be free to remarry.
You do not have any strong ground for filing a divorce case, at max you can file a divorce case on ground of mental cruelty but I do not think so that there are enough evidences to prove the same.
And also it is apprehended that if you file a divorce case, then she might file a half dozen cases against you. This will complicate your life.
Regards
For how long can she threaten with these false cases of dowry ? Is there no time limit to it ? My life is already complicated. Especially since she is against our divorce while continues to mentally harass me. What kind of procedure would the court follow in this?
wife can take the plea that dowry harassment continued after marriage . you need to apply for and obtain AB . there is no automatic arrest in dowry cases
contested divorce cases take 5 years to be disposed of
Hello, for getting divorce some strong and genuine grounds are needed , otherwise it is really difficult to obtain divorce .. It is true that Indian law is biased towards males .. Therefore , the option you left with is to , settle the matter amicably and go for mutual divorce
She can threaten you for as long as she is your legally wedded wife, you may try and file a divorce case on the ground of mental cruelty.
Regards
There's no limitation and she can continue to allege that irrespective of the number of years into marriage.
You've the only option to initiate a divorce car against her on the ground of cruelty.
If you believe that she suffers from mental disorder and her behavior and attitude is strange i.e., not a like a normal person, take her to psychiatrist and get a certificate about her mental ill health and take stock of her weird activities especially when she becomes frenzy with you whenever there is a quarrel between you two.
Compile these evidences, and file a divorce case on the grounds of mental cruelty on account of her such activities which spoiled your matrimonial peace and married life.
Do not worry about her after effect activities due to this, you can take AB and challenge her false cases accordingly later on, if at all she files one.
For how long can she threaten with these false cases of dowry ? Is there no time limit to it ? My life is already complicated. Especially since she is against our divorce while continues to mentally harass me. What kind of procedure would the court follow in this?
She is provoking yo to go for contested divorce by refusing to accept the mutual consent divorce.
You can use it as last resort if she refuses for divorce.
Her threat of false criminal cases will not last long, she will jump into action immediately after you filing a divorce case against her.