• Divorce

I am an unhappy married guy with no kids. Please tell me how can I get divorce.
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
In India, we have various personal laws that governs different communities. Therefore, to answer your question in detail, please provide enough information to get better response. However, I will try to guide you with my hindsight as under:

1) if you belong to Hindu Community, as per Hindu law you need to approach family court for seeking divorce;
2) In case if you are a muslim, Shariat or Muslim Personal law is applicable wherein, divorce can be sought by mutual consent of both the parties.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
Hello,

Thank you for your posting.

Your apprehension is correct that there is a chance that your wife might file criminal complaint against you in case you initiate divorce proceedings.
Moreover as per the law, your wife is entitled to claim maintenance from you if she is unable to maintain herself. The amount of maintenance depends upon your earning capacity amongst other factors.
In your case the best way is try and mutually settle the matter. And if that is not possible, then filing divorce petition is the only remedy. 
In case of any criminal complaint being filed against you and your family. You may either file a petition for quashing of the same or obtain an anticipatory bail. 

Do let me know in case you need any further assistance.

Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
I agree with the cogent advice given by my learned colleague.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
Your apprehensions are well founded on an intelligible cognizance of the large scale misuse of the anti dowry laws in the country. It is very commonly seen that the wife reciprocates by filing a flurry of false criminal cases against her husband when the latter files for divorce. Being a defence personnel you have to be all the more cautious in your approach as in case of your arrest in consequence of a criminal case being filed you may actually lose your job. To obviate the threat of an arrest you should seek pre-arrest bail without delay from the court as soon as the FIR is filed by your wife. It would be prudent to engage a lawyer beforehand for this purpose.

The obligation to maintain the wife financially has been attached to every husband. As and when she files a case for maintenance you may contest her case fittingly. Nominating by default the wife is an illegal practice. A default nomination of wife is a gross violation of one's proprietary rights. You do have the option of moving the competent court to challenge any order passed by your CO or higher ups nominating your wife.

No lawyer can predict the amount of alimony that you may be ordered to pay to your wife. It is the discretion of the judge which has to be exercised after taking into account the dependancies of the husband.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Dear friend, empathizing your situation, I truly understand that at this point in time you have only 2 options, either to dare the storm or let it blow you out.

However, my two bits apart from the suggestions provided by my above friends are as follows:
1. don't display mental pressure in handling the situation as it would motivate your wife to do what she does not want to do; albeit this advice is more psychological than legal; and,
2. in case if you feel that grave injustice has been done to you and your parents and in an event if an FIR involving your family is filed, then as suggested above by one of my learned friends, go for quashing to the High Court based on the recent judgment of "Geeta Mehrotra & Anr. vs State Of U.P. & Anr. on 17 October, 2012"; and,
3. finally, you may file a counter case under Sections 193, 196, 197, 198, 199, 200, 203, 209, 211 and 120B of IPC, for filing false case against you, the punishment of which is up to 7 years. 

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
Even though they may try to prove the amount as the amount given to you as dowry, it may be difficult for them to prove the claim.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
Hello,

You may draw up a mutual agreement signed by both parties and witnessed by family members that all articles and money has been returned to your wife. This will safeguard you against 406 IPC. 

And yes, taking and giving dowry both are offences in India. But by filing a complaint that they gave dowry, so they may be punished, you will be accepting the fact that you took dowry. So I will advise against it.

Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0

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