I am a 38 yrs old man, married over 12 yrs. I have a daughter 9 yrs old. i am very much frustrated on my wife's behavior since very beginning of marriage. she needs a caring husband which i am unable to fulfill according to her, so daily quarreling and high volume discussion is became our part of life as i am working in a privet organisation i have to work at least 10 to 12 hours per day even 24 to 36 some day , after that it is very much stressed on mind with quarreling and discussion with wife. I am crossing my limit of self control so i want a divorce from my wife please suggest me what is the procedure.
Hello,
Is you wife ready for the divorce.
If she is ready then you may file mutual consent divorce.
Otherwise
Divorce can be filed by you only if there is some cruelty on part of wife, you can not take divorce without any fault of other party.
Regards
Hello,
File a divorce suit on the ground of cruelty.
Regards
File for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty and is ground for divorce
3) you have to price allegations made in divorce petition
4) seek joint custody of your daughter
5) court would award you visitation rights at least
You'll have to file for contested divorce on Grounds of cruelty by wife against you which is a valid ground of divorce under section 12 of the Hindu Marriage Act.
But firstly you should try to convince your wife to go in for a mutual consent divorce as that is a very easy way to get a decree of divorce.
Firslty, Sir, I may advice you to please think over it again as there are chances that you may get divorce but your daughter may be at suffering.
Secondly, but, if you have decided to go for the divorce then you can file it on the ground of mental cruelity.
Thirdly, thereafter, judge may surely will send you both for mediation where the mediation may try to make her understand the life that you are having in the private organisation.
If she also want divorce then file for mutual consent divorce.
If she is not ready then file for contested divorce. But if she is not ready for divorce then she can in return file for domestic violence or cruelty to get more maintenance and alimony as well as to create mental harassment to you.
Thanks for your valuable opinions, what about compensation & the custody of my daughter? because we(wife &me)both love her very much.
Custody of child above 5 years of age generally goes to the father, but the Welfare of child is of Paramount importance in deciding as to who has to be given the custody of the child.
Monthly maintenance of your wife would be decided on number of factors like your income, your wife's income, movable and immovable properties in her name, your lifestyle etc.
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
That you have to pay as per court's decision. You can file petition for custody of child and visitation rights.
Seek joint custody of your daughter
You have to pay maintenance for daughter as per court orders
Hi,
You may have to stay separately and file the divorce case under the grounds of cruelty. Please remember that the allegations must be specific because normal wear and tear of marriage can't be termed as cruelty.
The reason what you stat cannot be a sufficient ground for divorce,
You have to add more substantial reasons in your pleadings seeking divorce.
The contested divorce may take at least three years for disposal.
Twelve years of married life cannot be discarded so easily until and unless if it is really intolerable.
Law requires evidence to establish your allegations, so prepare the grounds accordingly.
Thanks for your valuable opinions, what about compensation & the custody of my daughter? because we(wife &me)both love her very much.
You may have to give her maintenance if she is unemployed and having no source of income.
The child custody case has to be fought through court if there is no amicable agreement between you both.
Sir the divorce can be taken in two form firstly by mutual consent wherein your wife agrees for divorce and you both can take divorce by filing joint petition in the family court and can decide the terms of alimony and custody of child with in yourself.
Second is if wife doesn't agree then you have to file.divorce on ground of cruelty on your wife for quarrelling not supporting and have to.contest it this may take years in taking divorce where as mutual consent is given in period of 6 months.
Sir if both agree for mutu.consent then you can decide custody by mutual will. Otherwise you have to file a petition for child custody with the court or an application along divorce to keep custody of your child.
Also since if the wife is not working you.need to pay her maintenance alimony according to income.lifestyle as decided by court.
Apply for a divorce against your wife on the ground of mental cruelty.
The above divorce case will take 3-5 years to conclude.
On the whole, you should go for mutaul consent divorce which is fact and least cumbersome way of getting separated. But for this, your wife's consnet for divorce is also necessary.
