If you can prove that you are insane you won't have to pay any alimony.
get rid of this marriage before you lose yourself
Hi, I am 30 and live in USA .But me and my wife are Indian Citizens. I am married to a women aged 24 through arranged marriage. She has a brother (very arrogant person as he has a worth of 4 crores) . My wife argues that I cannot do even small things (like cooking, getting good vegetables from grocery market, washing dishes). She argues that I don't even know how to do sex. (Initially I am not able to have sex with her but later things went well, I have never been with another women , so I struggled a bit initially) . She also argues that my mind doesn't work well. (I some times talk to myself , she thinks this is madness, so I later discontinued doing this) Looks like she told the same thing to her brother. He stopped caring me and talking to me(He lives in our apartment only). Started taking decisions on his own. he feel he is the boss. She thinks I am very inefficient to lead a marriage and threatens to divorce and defame me in front of every one by telling this to everyone. What is my situation. Will my marriage result in a divorce? Will I end up paying huge alimony. Any other punishments like (imprisonment) will be given to me. We have been married for 2.5 years. No kids
If you can prove that you are insane you won't have to pay any alimony.
get rid of this marriage before you lose yourself
If she files for divorce in indian court then she will need to prove the ground of divorce. If it is proved then your marriage can end up in divorce.
If for divorce you proved that you are not at mistake and she is the one who wants divorce then you dont need to pay any alimony or maintenance but if you couldnt prove the court may grant her maintenance and alimony.
You will not get imprisonment as it is family issue.
Edit: Please not that I have an excellent job getting a very good income in USA. If I am a mad person, I wont have such a good job. So, I am not sure why she thinks I am mad. But, I might have been a bit careless about my family life as I was focused more on to my career
If for getting divorce she takes madness as ground then court will conduct medical test of insanity. If the test does not prove you insane then the petition gets rejected.
Hi, there is no reasonable grounds upon which she can file divorce.. The above mentioned grounds are not sufficient for getting divorce.. She has no medical evidence to proove her ground..she is not entitled to alimony
then focus a little more on family sometimes pressure at work disturbs family life
or just leave the home stay outside home most of the time
no lawyer can advice if you will end up in divorce or not its completely the decision of the couple
It will be bettwe if you to settle the matter mutually and file a mutual consent petition.
She can file divorce on the ground of cruelity and also you can file the same.
Alimony depends on the claim that will be made by her. Imprisonment will be there only if she files some FIR.
You would not be sentenced to inprisonment
2) since your wife keeps on threatening for divorce best option is to file for divorce by mutual consent
3) contested divorce proceedings take 5 years to be disposed of in India
4) don’t file for dovircecin USA as wife would be entitled to 50 per cent of your assets
Your best option is to file for divorce by mutual consent in India
1. First of all get rid of the worries that you are having now about imprisonment since you have not committed any crime so far.Not being able to purchase vegetables etc. are not acts of crime.
2.Now decide what do you ant to do with your matrimonial relationship with your wife. Do you want to continue with it or want to terminate it?
3. If you want to terminate it then negotiate with your wife for jointly filing a Mutual Consent Divorce Petition in India on agreed terms which will be disposed off within 6 & 1/2 months from the date of its filing.
4. If you do not wish to give divorce to her, hen contest the divorce suit if filed by her in India keeping in mind that any decree of divorce passed by foreign court is not valid in India.
1. It seems that you have not gelled well with your wife who is demanding in nature.
2. You shall have to decide whether you shall continue to stay in relationship with her or terminate it and act as advised in my earlier post.
Sir you need to take control of your life see these are very small things you can take control of same you and your wife.can take.marriage counselling further you can be bit bold.your marriage won't end.
Further these issues can be resolved you can change yourself a bit further if in case it becomes intolerable then you can take divorce you won't end up in jain or paying huge alimomy just do your part.
Sir you can ask your wife to stop defaming you it amounts to cruelty and further don't think so much of divorce think of ways to settle the life and focus somewhat on your family life as you are great in career.
You are pretty normal and this is the habit of ladies specially those who have supiriorty complex.
You behave normal live your life and if thing do not go well then just think that it is fate and you were in wrong shoes.
Till then take a chill pill man.
That is correct. I am in wrong shoes. If I file a divorce case, she will also file fake cases and FIRs against me as a counterattack. I am in a helpless state . I don't see any further good times coming in my life. Assisted suicide is the only option. I will try to see if I can get permission from court for it. Right to die with dignity is better than living a horrible life.
Don't get depressed and think of or try to do these things. Things can be sorted out. You should apply for divorce by mutual consent and if she is not ready for that then file petition for divorce stating that your wife is cruel and mentally tortures you and therefore on these grounds alone you would get divorce. You must be in USA T the client site for a few years but eventually you will come home. Try to sort this matter our otherwise these suicidal tendencies would increase with time.
No need to commit suicide
You can start staying separately from your wife without getting divorced pay her monthly maintenance
1. It will result in divorce in US if either of you files a petition for divorce. The courts in US would grant divorce even if the other spouse were to contest the divorce petition.
2. Alimony and division of assets will be under the US law. IN India the only right of wife is to claim maintenance from her husband. She cannot claim any share in the property of her husband.
1. FIR may be filed by her against you in India under Sections 406 and 498A IPC as a retaliatory measure if you file a petition for divorce against her in US or even India. She may also array your parents besides other family members as accused in the FIR. If and when a FIR is lodged against you under 498A then apply for anticipatory bail immediately. Thereafter, you may file a petition for quashing of FIR in the High Court as the FIR for 498A cannot be lodged where the spouses have cohabited outside India.
2. DV case under Section 12 of DV Act may also be filed by her to claim maintenance and monetary compensation.
3. Suicide is cowardice. File for divorce in US. The decree of US court will be valid in India too,
Sir suicide is not only the option you can take charge of your life you are so good at your work talk to you wife settle for money leave this this abusive relationship you can earn more and make a beautiful life out of it
This is a foolish idea right to die with dignity does not apply in your case tolerance of the things always help in life and where there is a compatibility issue tolerance is utmost requirement
1. INSTEAD of sensitizing yourself with all these issues, CHANGE yourself with proper counseling thru a experienced psychologist /behavior therapist.
2. PATCH up with wife. Career will not lead you to a good ageing life. BUT family life, will.
Keep Smiling .... Hemant Agarwal
Please do not think like that, if you are not wrong then law will help you. Talk to your wife for mutual settlement.
1. Go and file a divorce petition on mutual consent.
2. Fix some some small alimony if she does not get ready with small allimony.
3. Or else file for one side divorce and say her to fight for alimony in the court and let court decide.... I am sure you get a proper justice don't get penic and scared
1. Please note that before dawn, night seems to be darkest.
2. She has not yet done anything against you for which you need not presume any false case to be filed by her against you.
3. If both of you think that you did not gel well in your marriage, discus the matter and if both of you wish to part ways, jointly file a Mutual Consent Divorce petition in India which will be disposed off within 6 & 1/2 months from the date of its filing.
4. Any thought of committing suicide apprehending a non existing false case defies any logic.
5. Be pragmatic and face the situations fittingly as they arise in your life.
You can file for contested divorce on grounds of cruelty by wife and her brother. Her actions of humiliating you amount to cruelty against husband. Even, her threats of filing false and concocted cases against you and your family members to implicate you amount to cruelty and is a valid ground for divorce under Hindu Marriage Act.
Maintenance /alimony amount would be decided as per your Income, income and qualifications of your wife etc. The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a “just and proper” amount, if your wife has no other source of income.
If more income is more than your wife, you'll have to pay monthly Maintenance to your wife, until she remarries.
Various factors such as the number of dependents you have, property in your wife's name and most importantly purchasing power parity should be taken into account before granting maintenance to the spouse.
Her actions of calling you mad does not hold any sanctity as per law, in absence of any evidence suggesting the same.
As per recent Supreme Court judgement pertaining to 498a cases, the conditions have been relaxed a lot. It is very difficult for a wife nowadays to implicate the husband and hulis family without any documentary evidence. Moreover, arrests are also not made just after the registration of FIR. Arrests can only be made, after receiving a report from family welfare committee set up for such purposes.
Suicide is not the right option, as you have a very long life ahead of you and this is just a little roadblock. You should concentrate on your job and leave such affairs with your advocate.
If she is not compatible or never want to understand and lead a happy married life with you and the tortures are intolerable then it is high time that you take a proper decision on this now or ti will become too late.
You can ask her that if she is not willing to continue the married life with you anymore or if she would continue to insult and torture you in this manner then there is no use of continuing this vexatious marriage anymore.
She may be given a choice to agree for mutual consent divorce or that you will be forced to file a contested divorce on the grounds of cruelty.
As far as alimony aspect is concerned, let she prove your income and if he is employed then she may not even be eligible for this.
You can discuss at length with your lawyer and decide further course of legal action on this.
Please not that I have an excellent job getting a very good income in USA. If I am a mad person, I wont have such a good job. So, I am not sure why she thinks I am mad. But, I might have been a bit careless about my family life as I was focused more on to my career
You may decide to continue or call off the married life with her based on the gravity of the troubles and mental cruelties you face in day to day life due to her arrogant and ignorant behavior.
You are a better judge of your situation hence dont be careless on this issue anymore
. I am in wrong shoes. If I file a divorce case, she will also file fake cases and FIRs against me as a counterattack. I am in a helpless state . I don't see any further good times coming in my life. Assisted suicide is the only option. I will try to see if I can get permission from court for it. Right to die with dignity is better than living a horrible life.
You shuld not breakd down this way.
You have life to live.
She is not your destination.
You have lot of things to achieve.
She is not the ultimate person in your life.
You file divorce cse on the grounds of mental cruelty.
Klert she lodge false cases with police, you can obtain anticipatory bail and nullify her false cases in the trial proceedings with the assistance of an able and skilled lawyer.
Dont lose your hope or courage or confidence for any reason, your negative thoughts will not allow you to develop yourself.
Dying not an option, better file diovrce and face repercussion,
Suicide is not the option to solve problems. You cannot run away from your problems by choosing suicide. You have family other than your wife who maybe loves you.
Try to get divorce and fight whatever charges she files against you and after getting out of this mess lead your life happily.
Indian courts does not grant permission for partial or whole euthenasia. So you won't get permission from court.
To die is not solution of any problem. No body will bother that you are alive or not. Rather when you think to die you can think that you have such ability that you can make this world more lively, more beautiful, more joyful.
No punishment, Dont worry about alimony, do not worry about false cases, It is normal in life.
She says her total assets are 2 crores (including land , gold , cash, etc); Her fathers total assets worth 6 crores.the rest of 4 crores will go to her brother. I might be getting only 70 lakhs from my father (This is just my expectation, I might be wrong too as he has not yet written anything on my name) . But, I am getting a bit more income than my wife . I get 6000 usd per month after taxes and she gets 4800 usd after taxes per month. Will I still end up paying alimony and maintenance.
earning wife not entitle to maintenance.
Your wife has movable as well as immovable property is in her name and has a monthly income of nearly 5000 US dollars every month, then she won't be able to claim any maintenance amount from you since the provisions of maintenance are to prevent vagrancy, not to enrich one spouse at the expense of another spouse where the spouse claiming maintenance is fully sufficient and independent to maintain herself.
the wife is earning almost as much as you, therefore, she is not entitled to maintenance. moreover she herself has proclaimed that she is richer than you.
No since see is well off, qualified and earning and further can maintain herself she is not entitled to maintenance and the alimony. Further she is responsible for the divorce as she is at fault.
For future reference and use just keep record of her income and income tax returns to contest any such case.
If she would like to file a maintenance petition in Indian court as per Indian laws, she may not be eligible for any maintenance.
You can prove her salary income and reject her claim, but the case is differnt in US. As per US laws, the post marriage economic status will be taken into consideration for deciding about the maintenance issue.
You gather the information about her strong economic background and can fight to deny her claim by refuting her charges.
Thus it is to be seen only when she applies for maintenance and in which country etc.
1. As per Indian law, you won't have to pay any amount towards alimony/ maintenance to her since her monthly gross earning is more than 1/3rd of your net monthly earning.
2. So, relax.
Alimony does not depend on the grounds as told by you here.
The same will depend on her claim as to how she has been subjected to cruelty, what were the expense on marriage etc.
Try and get the matter resolved mutually.
Maintenance depends on your income and not alimony.
Wife would not get substantial amounts as maintenance as there is not much difference in your income
2) assets standing in name of patents are not considered in determining maintenance
Greetings of the day.
Dont agree to give any alimony.
Just filed divorce petition and let her for alimony in the court against and then ask your lawyer to file reply and drag the matter as you can and prove to court that she wealthy enough and earning enough and she left by her wish...so we cannot tell how much will or will not the alimony will be ... But depends on your lawyer who fight your case and what prove it in court all depends upon courts discretion....
Infact ask your lawyer to divert the matter you file for alimony as your life got spoiled and you are mentally harrassed...
I cannot speak about what would happen under US law and in US courts, but under Indian law a wife has the right to seek maintenance if she is not self sufficient. So if she seeks maintenance in India then the onus will be on you to prove her self sufficiency to repel her claim.
You need to have courage, prepare you mind and save yourself from misery of day to day life. She may not get any alimony, maintenance because of her own earnings and you may have a peaceful life thereafter.
yes you will pay maintenance for the difference amount of your and her salary.
alimony is one shot payment and is completely the discretion of the court how much to grant .