I married to my relative girl(cousin sisters daughter) on march 2017. Her mom has an illegal affair with some other guy and they were not married and stays together. We were living happily but when my wife wanted to go to her moms home i refused her to not go to her moms house. AS the other guy stays in her moms house and he always drinks and so selfish guy. so i was afraid of sending her to her moms home. November 2017 she left my home saying she cant live with me as i am separating her from her mom. but now she went to college hostel and staying there and dont want to come back. Her mom is not willing to talk to us or ready to provide divorce.. My wife is so adamant and very cruel and started telling to her mom and relatives that i gave her sex torture etc.. This is just to protect her from her mistakes.. her mom and relatives are asking us to wait for 3 years so that she will change and they are blaming me saying all mistakes are mine. if we proceed for divorce they will give all false case against (like dowry case or domestic violence) us. Her mom did this to her Ex husband also. Also they believe in Black magic and i have the telephone conversation of them(my wife and her mom) saying that something will happen to my parents and my sister, because they did some black magic for that.i dont think they will change. I am mentally stressed knowing all this. I dont think she or her mom will ever change. How do i proceed now??
1) file for divorce on grounds of mental cruelty on expiry of one year of marriage . only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) wife refusing to stay with husband amounts to mental cruelty
3)wife doing black magic amounts to mental cruelty
4) you dont have to wait for 3 years
5) if wife files false dowry harassment case apply for and obtain AB from sessions court
File restitution of conjugal right case alongwith general diary via speed post stating that she might accuse you of false cases of dowry, 498a, domestic violence
Hi
Your marriage is not valid legally.
Means legally you are unmarried.
You have to marry the person who is not in the 3 generations.
So you legally cannot face any case as a husband.
Thank You
Immediately file a divorce case against her before family court under section 13(1)(ia) of Hindu Marriage act or if she is come under the prohibitory or spinda relationship then go for annulment of this marriage.
Don't live your life in fear that she will file false case in case of you demand divorce, suppose after three years she is not ready to accept you and return to you then
So it will be better to file case and fight the same on merit and live your life without any tension.
Feel free to call
Hello,
If she is not ready to give the divorce then go ahead and file the divorce on the ground of cruelty as she is refusing to live with you and is involved in activities like black magic; both of these amounts to cruelty.
I do not think so that there is any need to wait for three years.
If they file a false domestic violence case then obtain AB and fight the case on the ground that the case has been filed as an outburst to the divorce case and is false and fictitious.
Regards
Hi,
You got married in March 17 so one year is needed to file any petition. Your wife left home in Nov 17 and in a month time a lot happened. Just try to spend some time. You got married after knowing her family status.Just wait for some more time and file a RCR petition u/s 9 of Hindu Marriage Act and if she do not oppose the RCR and do not turn back you may file for the separation.
After filing divorce suit she can counter by filing different cases against you and also maintenance case. If you have no urgency of second marriage then you should wait to file a divorce suit.
File for divorce
Contest a divorce against your wife on the ground of mental cruelty.
Or in case you still have some hope from this relationship, file a petition for restitution of conjugal rights and save your marriage.
You have two options, either reconcile with your wife and save your marriage. Or, file a suit for divorce, in which case you may have to face their threats boldly. It all depends on how you and your wife wish to take your respective lives forward.
1. If you want divorce from her, you shall have to file a divorce suit based on the ground acceptable by Indian law like cruelty.
2. So, collect evidence of her cruel acts on you in the form of audio/video recordings and then file the divorce suit on the ground of cruelty after completion of one year of marriage.
3. If she lodges any police complaint u/s498A and manages to register FIR against you on the said section, avail anticipatory bail first and then contest the case fittingly.
4. She can also file a DV case against you and your relative, if any, which you shall have to contest.
You have only option which is the divorce petition on the ground of mental cruelty against your wife. Or else you can file written report to the nearest police station regarding the threats.
You must remember that you cannot file a divorce case within one year from the date of marriage.
However you can send a legal notice asking her to return to the matrimonial fold immediately since she left the home without any valid reason.
After this wait for one year and file a divorce case on the grounds of cruelty.
I am getting 2lack per month salary... she is studying 2nd year engineering... I have a house worth 30 lack.. still paying house loan and have car worth 7 lack... my old parents are depend on me and my elder sister is a kidney transplant patient and she is also depend on me.. how much maintenance I may have to pay.. if I file divorce
Court can direct you to pay maintenance of around Rs 30000 per month
Emphasise in fact that you have old dependent parents an sister
Hi
Maintenance that have been fixed to maximum limit of 25% of husband's net salary.
Thank You
First initiate the divorce proceedings by sending your wife a legal notice. Then file a suit in the family court having proper jurisdiction. Contest her claim for maintenance at the appropriate time during the hearing. Depending upon the merits of the case, the court will fix the maintenance.
There is no hard and fast rule to calculate the maintenance amount. Amount is depends on the education, economic status, lifestyle, debts, responsibilities, liabilities, any other maintenance and needs of both the parties.
There is no hard and fast rule for the same.
After deducting all the liabilities out of your income, you will have to share 25% with your wife.
Since she is still studying you will have to pay some maintenance.
Also, I would advise you to start depositing Rs. 10000/- per month in her account so that you can show your bona fide to the court at a later stage.
Regards
The maintenance amount whall depend on how she proves your income and the defence by you.
There is no yardstick to measure the quantum of maintenance amount.
Let she prove your income by documentary evidence, you can put forth your defences with evidences from your side and the court will decide further course after hearing both the sides.
1. In last Supreme Court judgment in this regard, 25% of net monthly earning of the husband was awarded to the wife towards maintenance though such award is strictly based on the discretion of the Court.
2. Net earning is arrived at after deducting the statutory payments like P.F., I.Tax etc. and also compulsory medical expenses for chronic ailments for self and parents, EMI for dwelling house of the husband.
Less than 1/3 of salary