How can I get a divorce? How can I be separated from her legally?
My marriage has completed 5 months. My age is 32 and my wife's age is 28. my wife is giving too much mental torture to me. Always frightening and threatening me to work as per order or else she would sue me again and again. Abusing mu parents. Not listening to any body. Doing every thing as per her will. Giving different types of mental torture. She had already given a false statement in written on 18.04.2015 in the Mahila Police Station, that my family members and I are threatening her and demanding her dowry and etc. and giving her mental torture.In the Mahila PS itself the my wife and her family members have also threatened to me and my family members. But she is not ready to leave me or separated me.
In the Police Station the Sub-Inspector counseled and one under taking was written by both, She undertake that My family members would not say a single word to her and she would also not say any abusive words to me. I undertake that I am ready to live with her if she would not use any abusive words to me or threaten to me. If any of things happen then we will report to the Inspector-in-Charge. From that day my family members have not told her a single word. But after coming from the Police Station her behavior has become horrible day to day towards me and my family. The very next day even 24 hrs has not completed she started showing her wicked behavior & playing plans using abusive words and threatening me repeatedly. She is warning me to work as per her order else she would sue me again and again. She is warning me if you don’t agree to my words then you will see where you will go. As like yesterday (i.e 18.04.2015) where you were sitting (Mahila Police Station) you will be handed over to some more harsh situations. She is even not cooking food in house from that day, and always telling to bring food from outside. She is also telling me that no one will believe to your words even if you say the truth. And I will give all false statements and you will see that it will be accepted by all. She is repeatedly going outside at 5.00 PM onwards all alone and returning home late night about 9.00 PM. When I asked her how you could go alone and where have you gone? She is replying me that as you told you can’t take me out at that time (5 PM) so I am going all alone. And I know Bhubaneswar city very well; so i can go wherever and whenever i want without any one's information and permission. She is repeatedly going outside of his own in the daytime as well as in the evening with out taking any one’s permission. She is also threatening me by telling that I am not going to leave you so easily I will ruin your life and for that i ll go to any level. I have also reported about this in the Mahila Police station but no action yet have taken by them. They are telling that, there is nothing for men .what we will do.
In such circumstances it is becoming very difficult to survive in the society and live my life as a normal human being. Please help me sir how can I get separated from her legally at any cost. Becoz it has becom unbearable.
Asked in Family Law from Bhubaneswar, Odisha
1) you have been married for only 5 months . you cannot file for divorce unless period of 1 year has elapsed from date of your marriage except in exceptional circumstances
2) you can file for divorce on grounds of mental cruelty after expiry of one year
3) abusing husband and in laws amount to mental cruelty .
4) record her threats . it will help you in your divorce case .
5) if inspite of written undertaking given by your wife she keeps on abusing you and your family send letter to that effect before local police station .
6) stay separate from your family members in rented house . it will help your family members in case she files 498A case
1. Your remedy is to file for divorce on the basis of cruelty committed by your wife. She will be given an opportunity to oppose the divorce proceedings initiated by you, but the court can still grant you divorce. So start recording her threats to substantiate your case in the court.
2. The complaint filed by your wife to the police can be activated against you, so you should seek bail to avoid arrest.
3. Engage a lawyer and get going.
Hi, you can not file divorce petition within one year of marriage you have to wait for one year for filling divorce petition.
2, You can file a divorce petition on the ground of cruelty as she has treated you at most cruelty.
3. If she file a police complaint against you and your family members police will not arrest you immediately as per Supreme Court new guidelines and police has to issue notice to you so that in the mean time you can file a anticipatory bail.
1. Collect evidence of all her cruel activities by audio recording her statements,
2. Let your mother and sister (if you have any) file a DV case against her,
3. You also file police complaint of black mailing you with the threat of false complaint,
4. After completion of one year of marriage, you can file a divorce suit against her on the ground of cruelty by producing evidence in support of your allegation.
You may file a judicial separation petition before family court under section 10 of Hindu Marriage Act-1955
10 Judicial separation .? 10 [
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
Advocate, New Delhi