• Want to get separated

Dear Sir, Madam

I got married in 2004 & have one son 12 years old, though the life was smooth as long as I was able to balance the distance between my spouse and my parents . 

The relationship between my parents and my wife was never comfortable as they both have implosive nature , over & above my wife is highly over possessive and highly dominant because of which even during the parent's bad period in spite of being a only son I didn't do much for them and finally I lost them last year , she always finding dirt in me even if I speak to my cousins , female friend , any female colleague or even if I am attending any professional meetings. Checking of phones, email , documents are her usual habit . She can call anybody just to check where am I , who do she/he knows me etc...which really make me feel to embarrassed in front of others . Always threatens to commit suicide, the child also threatens to die.

Due to my profession and other financial needs I need to interact with so many females apart of this I have my personal financial adviser / CA who helped me during my initial period of carrier. Since my wife mistrust me I never shared this relationship with her as I did't want to lose such a helpful FA just because of my wife's doubt. 

I always taken silence approch just save our reputation in society , but now things are beyond my control and started effecting my health , work and mental status and I really want to come out with this.

So , please advise on below queries ..
1) Can I take dievorce or judicial permision to live seprate ?
2) What are the reations and cases she can file on me ?
3) WIll I be allowed to moveon in my life ?
4) How can I file protection complaint , so that incase she takes any stupid decision the blame should not come to me .
4) How quickly I can get solution and piece. 

I am in deep stress , your help & advice can give me some light to decide my future.

Thank you & regards,
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1) you cna file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) wife threatening to commit suicide amounts to mental cruelty

4) wife accusing husband of having extra martial affair amounts to mental cruelty

5)you have to prove allegations made in divorce petition

6) if wife files false dowry harassment case apply for and obtain AB from sessions court

7) contested divorce cases take 5 years to be disposed of

8) MCD is best option

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

1) Can I take dievorce or judicial permision to live seprate ? -- U can but on what ground, as Wife's unsubstantiated allegation of infidelity against hubby is cruelty: HC ruled but in present case her doubts are legible and obvious.

2) What are the reations and cases she can file on me ? -- Domestic Violence, Maintenance, Alimony, Child custody, Right to residence etc,

3) WIll I be allowed to moveon in my life ? --- may be after long time spent in litigation, court proceeding, lot money spent, loss of work/health than possibilities.

4) How can I file protection complaint , so that incase she takes any stupid decision the blame should not come to me . -- No pre empt available except Anticipatory bail if she files, criminal case.

4) How quickly I can get solution and piece. --- Until no mutual settlement, 3 4 years

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Better if you cannot live in peace file for divorce under Sec 13(1)(a) of Hindu marriage act under cruelty. She can claim for maintenance for kid and herself which you may have to give them based on court orders. Also she can file case for restitution of conjugal rights asking you to stay with her or complaint under 498A IPC.

In case you file divorce before she taking any action you can protect yourself to certain extent.

Lastly if you have proof that she threatened to commit suicide etc file a complaint with police of that jurisdiction and seek their assistance

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can take a walk with her to counselor and have word with him or her, let see what they guide to both of you.

2) Than you can go for divorce or judicial separation.

3) If she loves you and child, than she may not ready for anything what you think right now or she may file RCR case against you.

4) You have full rights as per Indian Constitution that how should one live his own life as per his own wish.

5) If you feel that she may take any wrong decision in the life, so better you can take precautions by the way of giving complaint innthe local police station and tell police that dont call her for further investigation they can check privately like CID investigation.

6) Don't take stress my friend, live life like KING Akbar size and tactics like Birbal mind. If you go to family counselor today or tomorrow you will get immediately remedies and solutions from him or her.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. You have already completed 14 years of married life and your son is 12 years old. So, before taking any impulsive decision for seeking divorce you shall have to note that divorce is the second most stressful event in one's life and it will affect, you , your wife and mostly your son. However, if you still decide for going for divorce, you can file a divorce suit on the ground of cruelty after collecting adequate evidence in support of your allegation. Yopu can also negotiate with your wife for jointly filing mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

2. She can file DV case and/or lodge police complaint alleging dowry harassment u/s498A of IPC against you which you shall have to contest. Her such filing of case and lodging of complaint will not have much merit after 14 years of marriage.

3. After obtaining the decree of divorce either by mutual consent or by contest, you shall be free to remarry as per your choice.

4. You can lodge a police complaint against her alleging that she has been threatening you for committing suicide putting the blame on you. It will be helpful for you if you can audio/video record any such threat given by her and submit a copy of the same before the police well in advance. It will protect you to a great extent should she takes any harsh decision as is being envisaged by you.

5. Contested divorce takes 2 to 4 years to be disposed of and MCD case takes 6 & 1/2 months to be disposed of from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. The pick is your's, you may choose between divorce and judicial separation. I'll advise you to go for a divorce given your situation.

2. She may file a DV case, 498a and a maintenance case against you.

3. Absolutely.

4. There's no way of preempting her from filing false and concocted cases against you.

5. A contested divorce in India takes about 2-3 years on an average/

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. To live separate no decree for judicial separation is necessary. Only to dissolve the marriage you require decree for divorce.

2. She can file case for maintenance under PWDV Act. She can file criminal case under section 498A, 406, 323 IPC.

3. You can stay anywhere you want for which no permission of court is necessary.

4. Divorce suit if contested by your wife will take time. Quick divorce is possible only if your wife agrees for mutual divorce.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Yes you can take divorce

2. She can file case of harassment and can claim maintenance from you as a counter blast.

3. After the divorce, you may move ob in your life

4. She has the right to file complaint, the complaint is false or not becomes a matter of investigation

5. Talk to her if she agrees for mutual divorce, that will be the best case for you otherwise the same will take 2-3 years

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1) Can I take dievorce or judicial permision to live seprate ?

Opinion:- You may file a petition under section 10 of Hindu Marriage Act-1955 for Judicial Separation based on cruelty against her before the Family Court. or may directly file a divorce case against her U/s 13(1)(ia) of Hindu Marriage Act-1955 based on cruelty.

2) What are the reations and cases she can file on me ?

Opinion:-She may file a domestic violence case against you and claim protection, residence order, monetary relief, child custody and compensation Under section 12, 18,19,20,21 & 22 of The protection of Women From Domestic Violence Act-2005.

she may also file a maintenance case against you for herself and for the child before the family court under section 125 of Cr.P.C.

3) WIll I be allowed to moveon in my life ?

Opinion:- Except to marry again, you may live your life as per your wish and nobody can restrain you.

4) How can I file protection complaint , so that incase she takes any stupid decision the blame should not come to me .

Opinion:- Immediately filing divorce case will be the best option for you.

4) How quickly I can get solution and piece.

Opinion:- It takes time which can be more than a year.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. If you do not want to dissolve the marriage and want to give it another chance, you may apply for judicial separation under the provisions of section 10 of Hindu Marriage Act

2. She may agitate over the legal action including filing judicial separation case. She may retaliate with false cases namely domestic violence case or dowry harassment cases or maintenance cases.

But though they ,may appear dreaded, when challenged proerly they can be brushed aside.

3. You have to decide how properly you organise this situation to move on

4. If you feel that she may retaliate with false cases against you, then you may better lodge a NC against her with the local police station , no doubt that may not provide you any protection from her false cases, hence you may have confront and challenge the same when it comes.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Yes you can file for Divorce or Judicial Separation on the ground of cruelty.

2. That depends upon the lawyer she engages. She can either file for Restitution of Conjugal Rights or file criminal complaints under 498A, DV etc. However, if she has, in all these years of your marriage, never filed a complaint against you, then you should be able to get her complaints dismissed.

3. Yes, you will be. Collect proof. Have all those people who she has insulted you in front of as your witnesses.

4. You can file an NC in your local Police Station.

5. It would take time. No specific period can be specified however.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1.) Yes you can file the divorce petition on the grounds of mental cruelty.

2.) She can file domestic violence, maintenance and dowry demand cases irrespective of the facts whether it will real or fake.

3.) Yes you can move on with your life after getting the decree.

4.) It will take time atleast 5 years in India.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Yes you can do that take judicial separation and file divorce. She can file many false cases like 498A, domestic voilence etc as well as cases for maintenance under 125 crpc etc. Yes you can move on. There is no protection Complaint you can hire a lawyer and take Anticipatory bail in such cases. It's better if you file mutual Divorce else it will take some time.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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