• I am not happy with my wife's behavior. How to divorce her?

Hi, in dec 2017 i got married. till 2 month everything was fine. after that my wife went own home by saying that i will return in 20 days. i didn't force her and she is still living since last 3 month.

in last 2 month, every day we are fighting. i cough her telling lie look like she is hinding something. we did arguments several times on several topics. such as our family believes and ritual didnt match with there and she always do arguments. she speak words which hurt me directly. as a result i also abuse her. now our fight has reached a level where it can not repair. (i think so) 

I tried to talk with every member of there family but all are same blood. they ignore girl mistake but prioritise my mistakes. 

few days back, suddenly all start saying that you can take back your wife to home.. (before that, her monther was forging her to not go my native place)

our family tried to convince her to stay in sasurat for atlist 2 month so that she can be familier with older once in my family and then she will live with me in banglore. (after marrige i alwaya keep her with me and at this time i am going out of india for few week due to work, so we said to stay at our native home)


before marrige, i was clearly mentioned that, i can't stay in metro city all the time..some time in village sometime in banglore.. funny thing is that she and her familiy was no object during marriage discussion then why she is start acting like this now?


after 2, 3 big fight, her.mother, brother and my wife too threat to kill me.( said, i will shoot you).
i have all call recordings, whatsapp chats, sms of our fight.

lastly, i am very sad and feeling like cheated and seriously wanted to get rid off from this unmatched marrige bound.. i am seriously want to end this marrige. pls help me.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Hello,

Please note that you can not take divorce by any means before 1 year of the marriage i.e., before Dec 2018.

Also. till then you may talk to her and plan to dissolve the marriage after that and till then you may file a case for judicial separation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) file for divorce after expiry of one year of marriage

3) visit a family counsellor to resolve your differences

4) divorce by mutual consent is best option

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

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Respected sir ...

These types of cases are common now a days and the big issue for the society is that there is not any solution at all ...Sir there is a very simple procedure of it that ...If you want to take divorce you have to file a petition under section 13-A of HMA if she is not redy for divorce . And if she is ready then you will have to go under section 13-B of HMA ...Sir law is very simple it's all upto you that what you wants ....Just make your mind clear and go ahead ....

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1) As of now you won't be able to file for divorce. Divorce can filed after one year of marriage. And for that you have to leave separately for atleast six months from her.

2) If you still want to get rid out from here than you can go for annulment of marriage.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Concern,

The fact that you are a Hindu and yours was a social marriage (I am presuming it to be so) your marriage will be governed by the Hindu Marriage Act. As per the laws laid down in Hindu Marriage Act no party can get separated from each other unless their marriage has completed full one year. Since your marriage has happened in December 2017 so you can't get divorce prior to December 2018.

However, you can come up with the case of Judicial Separation before the Family Court of Navi Mumbai and can seek Judicial Separation from your wife. Judicial Separation is equivalent to Divorce. The only difference in between them is that you can restart your life together as a husband wife even after Judicial Separation but once you are divorced there's no coming back. Once you have been granted with the Judicial Separation based on that you can apply for divorce which will be granted to you very easily.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

It's not an easy job to get rid of her especially when there is no serious allegations against her more over your marriage is hardly6 months old.

For the present you may file a petition seeking judicial separation.

After that after one year if things do not improve you then you may file a divorce petition as per law.

Beware that she may resort to false criminal complaint against you in retaliation.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. All the arranged marriage in most circumstances face with initial misunderstanding leading to frequent quarreling and animosity.

2. So the harsh words sued during such fights should be treated as meaningless made at the spur of the moments. So the threat of shooting you is nothing but the sudden outburst of rage emanating from frustrations.

3. Spend more private moments with your wife The more you stay with her the more chances of removal of misunderstanding sooner that later.

4 You are the very early stage of marriage. SO do not think in negative terms. Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Consider the option filing for mutual divorce but for that you need your wife's consent. Find out whether she has a relationship with other person or not because that will help you to avoid paying maintenance and get rid of her. Arrange a lawyer to file the divorce petition.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

In that case you have to show that she's is earning not her mother. For that her bank statements & ITR will be needed.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1) You have to prove that she is employed in her mother's beauty parlour. And earning ample of amount for her day today expenses.

Than you will be not entitled to pay her alimony and maintenance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

you will have to pay interim maintenance to wife .

2) draw attention of court to fact that wife is working and has her own beauty parlour

3) take photographs of her beauty parlour

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

You can file a divorce in family Court. You can also try to go for mutual consent divorce which is speedy.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

The maintenance will not depend on when you file the divorce case.

That is a different subject to divorce, she can file it anytime.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If you file for divorce before expiry of one year of marriage, Then the chances os gettind divorce are very less.so, its advised that file for divorce after expiry of one year of marriage. You can file for judicial separation in the meanwhile.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If you prove to the court that you're wife is well qualified as well as working inxher mother's parlour and can maintain herself, then you would have to pay either no or less maintenance to her, but the burden of proof would be on you to prove her earnings.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Sir,

You can file divorce petition on the ground of cruelty and desertion. In the meanwhile you must know merits and demerits of such action which are elicitated in the following FAQs.

======================================================================================

FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..

======================================

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR?

Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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