• Contested divorce

My wife and I decided not to live together 4 years ago and I moved to Dubai without taking a divorce. I have a kid whom I haven't seen in all these years and she doesn't even know that I am alive. My wife has physically & mentally abused me and now when I have applied for a divorce, she has contested the divorce saying I have abused her for dowry and also said to the court that she wants to live with me. When I speak to her, she says she doesn't want me to live in peace and would never return back to me. This is just revenge. She is making sure to make this very complicated and torturous for me. The family court has now advised us to make the marriage work and go for counselling sessions. I can't take this anymore and want to die. What is the best thing I can do?
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

Sir firstly have some patience you should not think of dying or otherwise you should contest your case, attend counselling ask her if she is ready for mutual divorce on settlement if not give some proof of cruelty and separation and further go on with divorce.

Your lawyer will take care of case you just leave her do your work.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

i know this is frustrating but do not think like this.

this will take time but you will get divorce.

give the defense that if she was having some problem then why has she not filed a complaint anywhere.

go ahead and contest the case.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Since wife has not stayed with you for continuous period of 2 years case for divorce on grounds of mental cruelty and desertion is made out 

 

2)even if wife contests you would be entitled to divorce if you are bake to prove allegations made in divorce petition 

 

3) seek joint custody of your child 

 

4) court would award you visitation rights at least 

 

5) wife would be entitled to alimony 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. It becomes easy for the plaintiff to act if he comes to know what the Oppositev Side wants.

 

2. Reconcilliation is part of the process as directed by the Apex Court and after theb reconciliation fails, the procedings will start.

 

3. You shall have to pursue your case diligently by applying your heade and not heart.

 

4. There are numerous suffering husbands like you which does not call for taking any drastic step.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The best thing for you is not to budge an inch from your position. Secondly, cooperate with the counselor, so that he prwpares his report to court favouring your position. 

In the divorce proceedings, are you appearing as party in person? You are best adviced to appoint an advocate to best defend you and protect your interests

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

"I can't take this anymore and want to die. What is the best thing I can do?"

We cannot say which is the best way to die.

 

On the other hand, when you've decided to die, don't worry, your wife herself will kill you.

 

No one can help a looser or one who has already quit even before starting. Unless, you change your attitude I don't think any advice or suggestion will work.

 

Rephrase your question better.

 

The court is  asking you to go for counseling, they haven't told you to stay together. So, go for counseling.

And best solution is to say in front of the court (perhaps not counselor), that you will gladly accept her if she immediately comes with you. Also, say that you want to keep your Divorce petition open or ask for a longer date (after 3 months) just in case your wife doesn't come.

When she is not ready to come with you, you should now say you want her, so that she herself will say that she can't live with you.

Now if she agrees to come with you, take her with you, and make a separate house, and don't go there at all. Anyhow you will have to pay maintenance, so instead you will be paying rent and her expense.

 

And change your attitude. You are not creating sympathy by saying you want to die. Perhaps, looking at your attitude itself the Judge would have told you to give it a try. Sympathy is for women, they are better off using it. You should use your head and come out with strategies.

 

Feel free to consult further.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

If one party in the divorce procedure is advance and not willing to let the divorce proceeding goat is mostly then definitely she will create problems in divorce proceeding and stress the preceding as long as it is possible.

You have to produce the record of the the cruelity happened with you and should not be agree during the mediation and reconciliation for the living together and can test the divorce it will take time and after submitting the documentation and proof of the cruelty by wife you may get divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

For each and every matter in the family court,counselling is mandatory. If u can convince the court that the counselling wont work u can skip the process. But it matters how u convince the court regarding it.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Sending the parties of the matrimonial disputes to mediation is part of the legal procedure.

You can refuse to live with her before the mediator.

Then it will be reverted to regular court where you can fight the case properly.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Just continue with constested divorce. Court cannot force you to be with her if you seek divorce for cruelty. Just proceed

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Hello,

Just put all this things in your petition and seek divorce on the ground of cruelty and desertion.

 

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you left her because if the same reason which she is now again repeating with you.
  2. I advice you to go for the mediation, but it doesn’t mean that I am telling you to settle the matter with her. You may say no in the mediation also.
  3. Try to record some proofs in the form of messages and audio recordings to show before the court that she doesn’t want to come back, but just want to harass you.
  4. And do not ever think about dying or something as this is not the solution, you should contest the proceedings.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

Please don't go frustrated

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

India grants divorce to man whose wife refused to live with in-laws

India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.

Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.

“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.

There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.

 

Non-consummation of marriage a ground for divorce: apex court.

 

The Supreme Court on Tuesday ruled that non-consummation itself would constitute mental and physical cruelty to a married woman and would be a ground for divorce under the Hindu Marriage Act (HMA) 1955. Granting divorce to a woman, a Bench consisting of Justices Ruma Pal and A.R. Lakshmanan said: ``Spouses owe rights and duties to each other and in their relationship they must act reasonably."

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You need to strongly lead in this case. File a robust counter-reply.

File a parallel proceeding seeking custody of your child.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Go for counselling and let them know whatever she said you. If you avoid councellcou then it will go against you.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

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