I'm victim of my wife. She is not adjusting at all. Moreover her family supports her. She claimed false reports against me regarding hitting her and i do not provide her basic necessities but i provide. She tortures me for things i want to do like you will get car's key only if she wants to go somewhere. I can't go out without her and if i go she needs proofs like video calling and i should be at home 8:30 otherwise i have to pay for this. Many times she insulted me in group of people regarding my family background my financial status and threatens me to go to police. I keep calm remain silent as once she caught my affair with a girl and I admitted my mistake and we both (me and my ex gf )wrote a legal notice that if we ll commit such mistake she can take legal action against us. We apologised her infront of many but still she suspects me for no reason. She also threatens that girl That she will tell her parents about this that girl has tried to commit suicide many times but she can't find a way to get out this. Moreover i caught her affairs thrice but didn't speak as it will be my insult. I have proofs of thaf also. She calls her family if i speak rude to her when she repeats previous talks for which i have given written apology and threats me to lodge a complaint against me. don't want to live with her. I'm mentally sick and feels like killing myself. I can sleep for nights and feels like my hands are tied and even I can't scream I'm tired of such behaviour and daily torture. Thought of suicide comes into my mind several times Actually 4 years back i ran away with her and we started living as a couple without ritually married as my wife had no document with her for court marriage so there is no proof that we are married. But we do live publicly married. Only she n me knows and my family knows this truth. We have a daughter too she is of 14 months. Now please help me what i can do to save my life and get divorce from this lady. I only want divorce no patch up no mutual consent no written beliefs.
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Then you can go ahead and file a divorce petition in the Family Court on the ground of mental cruelty. If the marriage is beyond repair now then you can go ahead and file a divorce case against your wife and then you can claim custody of your child also.
Regards
Technically, if there is no marriage, there could be no divorce. However, since you are totally into this relationship which the world knows to be that of husband and wife; to get out of this, you have to contest a divorce and I presume even your wife at this stage will not get into this.
File a divorce under section 13(1) of the Hindu Marriage Act on one of the grounds mentioned therein. This will be filed in the family court.
marriage is not merely a contract but a very important societal institution. A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.
Major Grounds for Divorce
1.Adultery
2.Deserting the spouse for two or more years
3.Physical or mental cruelty
4.Conversion to another religion in case of religious marriage
5.Incurable disease such as leprosy, venereal disease in a communicable form
6.Insanity, unsound mind or mental disorder
7.Renounced the world by entering any religious order in case of religious marriage
8.Unheard of as being living for a period of seven years or more
To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.If a person wishes to divorce his/her spouse, his/her case needs to falls under one of these grounds, or else the case would most likely be dismissed by the Court on the very first hearing itself.
Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard.
Meet a local lawyer and file case for divorce if needed. more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.
1) you are not married . you merely have live in relationship
2) you dont need court orders for dissolution of your marriage
3) you need not stay with your partner
4)in case lady files false complaint against you take the plea that you never married her
5) if she claims maintenance rely upon evidence in your possession of her affairs with other men
6) court would not award her maintenance if you are able to prove that she had physical relations with other guys
7) you will have to pay maintenance for your daughter
1.Sicne there isa child giving one final try to this marriage is prudence on your part.
2.Talk toyour in private or take her to holiday trip.
3.Often staying away from common family friends and relatives solves problem as people open up more.
4.if there is any specific issue then try to sort this out amicably.
5. Unless the problem is beyond repair do not think of divorce just now.
If her tortures and harassment are beyond tolerance, you ma decide to dissolve yor marriage by a decree of divorce by filing a petition on the grounds of cruelty.
Her threats, hurling abuses in filthy language, adulterous life, insults in public, ill treatments etc can constitute for divorce on the grounds of cruelty.
You can consult a local lawyer and proceed with the further formalities.
Remember that the backfire due to this provocation would be severe, she may lodge false criminal cases on dowry harassment an domestic violence.
She may even file a maintenance case to further torment you.
The divorce contested case will itself run for years which will be another mental torture.
