• Divorce - opinion difference

I am 30 year old and working in IT company in Noida location. I got married in June 2012 and have 3 years boy right now. My wife is B.Tech and MBA and running her school business in her home town and visit her home town around 5-6 times in a month. I am having opinion difference with my wife and her nature is quite aggressive and i feel uncomfortable with it and she does not respect me and my family and use abusing language time to time .She is keep threaten me for Dowry case and suicide. I have made complaint to Police multiple times regarding her suicide attempts but there was no positive response from there side. I am looking for divorce now from her asap and right now she is saying that she will agree on mutual divorce but i am not sure if she will keep her word or not. Could you please let me know the options i have ? I have two flats which are in the name of my wife and me.
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

Hello,

Best option is to file a mutual consent divorce case. Otherwise if she does not agree for the same then you may file a case on the ground of cruelity.

Alimony will depend on the claim made by her and custody of child can also be decided mutually.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firslty, the complaints which you have made are never useless as they would save you from further false allegations on you infuture by your wife.

Secondly, if you go for mutual divorce then you may have to pay a little more alimony despite the fact that she is also earning good.

Thirdly, I advice you to straight away file a divorce case on the ground of cruelity as what she does and says amounts to cruelity.

Fourthly, child custody may be given to her only, and you would also be asked to pay maintenane for the child, but yes you would be getting visiting rights for sure.

Rest, you are free to share anything in future.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. You can negotiate with her 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. If she does not want to file MCD, you can file a divorce suit on the ground of cruelty and regularly giving the threat of committing suicide to husband has been considered as an act of cruelty by some High Court for granting the decree of divorce.

3. If while hearing the divorce suit, she agrees for MCD, jointly file an application treating it as MCD with a prayer to revert it back to the original divorce suit in case one party fails to turn up on the day of the 2nd motion to be fixed for hearing the MCD.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You may file divorce petition on the issue of compatibility and if she agrees for mutual consent divorce then you can go for that the property which is in the name of both the parties may be divided as per the consensus between the party

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) You can go for Mutual concern divorce and in that can ask for flats distribution among you both 50:50%.

2) If you want ASAP divorce from your wife than MCD is the best option.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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)claim joint custody of child

5) wife woukd not get maintenance as she is highly qualified and working

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

If she is agree for mutual divorce, then first enter into a memorandum of settlement in which you can mention all the terms and conditions as per both the mutual wishes, then file the mutual consent divorce. Otherwise you need to file the contested divorce, which will depends on many factors.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

See mutual consent divorce is fastest and best way to divorce as in contested divorce under section 13 hindu marriage act it can take long time to dispose the case and can create legal Hassel.

So it is better to enter into an agreement of mutual consent with your wife deciding her alimony and maintenance alimony.

See in case you go for contested divorce there can be problems as wife can wife false domestic violence cases, secondly it will take lot of time, thirdly legal fees and other cases like child custody and maintenance will be there.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can file divorce petition but she is ready for mutual consent you should ask her fr that if she deny then file asap 13 HMA petition

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

As a lawyer, it is desirable to suggest to you to understand the futility of long drawn litigation and thereby you should proceed towards mutual consent divorce.

As per law, duration/time of obtaining mutual consent divorce is six months.

If your wife during the same, you can file for contested divorce on grounds on cruelty by wife.

Threatening by wife to file false cases against the husband or suicide threats amounts to cruelty against husband and is a ground for divorce.

So, it's advisable that you file for divorce due to aforementioned grounds, if things don't get settled mutually.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If she is agreeing for mutual consent divorce, you may proceed with it, even if she withdraws her consent midway, you may file a contested divorce thereafter.

The flats owned jointly will be held jointly hence you may make an arrangement for dividing the same one each by each other executing registered gift deeds to each other on one another property.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Take one flat and given one to wife. You can execute relinquishment deed. Prepare mutual consent petition write all the terms and conditions of divorce and give it to your wife for signature rather than thinking, whether she may agree or not. You will get to know.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Mutual divorce is best option you can exercise the same. You both can decide the terms and file the same. You will get the same early. You can decide mutual custody also in the same.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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