Hi, I am married since 2008, my wife has been torturing me I all aspects, she didn’t stay in one place for 3 months, she keeps on shuttling in between her home town in Assam and my work pace Bangalore, Everyday she would have new aspects to scold me over phone , she has problem in everything in life and I need to be blamed , she also would send abussive messages to my family members who reside in agartala, even though they are not in any scene, She lives in imaginary world and thinks me and my family are conspiring behind her, even though nothing is in real as such. I have a 5 years kid, his education and upbringing are getting hampered ,because of her behaviour and every 3 months she will change her place of living, From Play group to UKG - none of the years my son could go to school full session, in 2017 she even left banagalore home keeping son with me and I had to manage alone for 7 months She keeps torturing me 24/7,called police twice and said i tortured her, every alternate day she threatenes me that she will make me out of my job, Her family members are well aware of her behaviours and also fed up of her but they never support me in turn they keep supporting their daughter She is not just letting me live life and my son’s life will be spoilt if it goes this way Now she is asking me to file for divorce, she is in Assam and I am in Mumbai , Hence my question is how do I proceed Marriage happend socially in Assam and registration happened in agartala , my home town Please advice how do I get rid of her
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Hello,
if she is ready fir divorce then you can file the same by mutual consent, and this will be easiest way for you to get divorce.
if she is not ready then you may file the same on the ground of cruelty either at the place where you two got married or at the place where she is residing right now.
in my advise best way is to obtain divorce by mutual consent.
regards
See you both can file a mutual divorce in Agartala where marriage was registered or place where you both last resided together. See if she is of such nature just file a complaint with police regarding her intimidation for filing false cases and further abusing you.
Further if she is ready to give divorce this is good opportunity file a mutual divorce and keep the custody of your child.
Section 19 of hindu marriage act provides 5 options. It enables the parties to file the Divorce Petitions under any one of them as per their convenience.
You can file for Divorce before a Court where the marriage was solemnized, ie. Aasam. can file for Divorce before a Court where your wife resides with her parents. You can file for Divorce where both of you last resided together, ie. Bangalore/mumbai. In case, the Petition is to filed by you, then along with the above options, she also has the option of filing the Petition where she (Petitioner) is residing
File divorce under mutual consent is more better then on grounds of cruelty
Contested divorce may take more time and you need prove all elegation
If you file divorce, she will rope you in maintenance cases and squeeze money.
Instead there is a plan, ask your parents to rope her in domestic violence case and mishandling a young child, show all evidences. Your parents being elderly senior citizens, sentiment will work in court.
First throw her out if necessary you also get thrown out by your parents, property and money gets saved. Later take mutual divorce, and ask your parents to take you back on papers saying you have changed.
You can file for divorce where marriage was solemnised or where you stayed together with wife or wherein she is residing
2) file for divorce on grounds of mental cruelty
3) wife abusing husband amounts to mental cruelty
4) wife filing false complaint against husband amounts to mental cruelty
5) seek sole custody of your son
Dear client
for contested divorce it will take 2years to 6 years.
So better if both spouse are agree for divorce then you can go for mutual consent divorce section 13b.
In this the husband and wife file a joint petition to the court agreeing on the terms and condition of divorce. They should have lived separately for a minimum of 6 months on the day of filing the petition. The court gives a date after six months and both the parties have to be present on the said date. If either parties backs out, the petition is cancelled. If both of them still agree to get separated, the court passes the decree of divorce.
1) To apply for divorce in the Assam court one has to live separately from each other at least 6 months.
2) Than court will arrange counselor for counselling of both husband and wife on their issue and the counselor will suggest you both solutions regarding your life problems and send report to judge. Depending upon report send by counselor further things are depending.
3) Than later on court procedure will start for divorce in the court.
The divorce is not the solution of your problem but it will add up in your problems your wife needs marriage counseling and you need to visit along with her to a psychiatrist as well the marriage Counselor and psychiatrist may correct this issue by counselling.
You can file a divorce case on the grounds of cruelty.
You can file the case at the place of marriage or place where you both last resided together or in the place where she is currently residing.
You can ask her to agree for mutual consent divorce, if she do not agrees to the proposal then you file a contested divorce case.
Dear Sir,
It is better to file divorce on cruelty in Mumbai where you are residing which makes very difficult to your wife to contest. If she wish to transfer to Assam State she has to file a transfer petition before Supreme Court at New Delhi.
Dear Sir,
Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in. Better to file restitution of conjugal rights case where you have presently residing.
