• Need help on clarity about divorce

Hello, I have been married since last 5.5 years, and now my wife is pregnant with 3months .she earlier promised to do job post marriage, but she fails. She don't take care of me or my family and always tries to fight and tried to blame us in front of society. She behaves like mad and she don't want to leave me also. My life is hell as there is no love between us still I m streching my married life since last 6years.now I feel divorce is only solution. So, can u please guide me on how to proceed? She is now at her home and I work at bangalore, I am afraid she will ask huge alimony and stay happy with her parents and my kid. Please guide my chance of second marriage, and how much alimony I need to pay, she done mtech. Thanks in advance.
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

1. If she is not ready for mutual divorce which is a hassle free process then only remedy in your hands is to file for divorce on the ground of cruelty which she can contest.

2. She can also file 125 CrPC and DV Act cases to seek maintenance and monetary compensation.

3. Last but not least, she can also file a 498A FIR against you and your family members, in which event all of you should apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months,

if failed,

file contested divorce on the grounds of mental cruelty but it will take around 7-8 years

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance 

 

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"

second marriage is possible only after divorce

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. If indeed is marriage is not getting worked then you can first ask for mutual divorce which may be consented if you fulfill her monetary demand.

2. Else you will have to file a suit for divorce on the ground of mental cruelty.

3 if your wife is unemployed you will have to provide her maintenance apart from facing retaliatory criminal cases.

4. Since she is now pregnant , do not for the sake of the unborn child think in terms of divorce. At this stage the women are more emotional and ask for your more care. So do not misinterpret this as per nagging or quarrelsome conduct.

Give her time , love and affection. After the birth of the child everything will be fine.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Is your wife working?

court considers your income , wife income while determining maintenance payable by you 

 

file for divorce on grounds of mental cruelty 

 

seek joint custody of your child 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8147 Consultations

See firstly as you told she is not ready to leave you then it may be persumed she won't give a mutual divorce.You need to file a contested divorce on ground of cruelty against you wife under section 13 Hindu marriage act citing instances of cruelty. The divorce needs to be contested and grounds needs to be proved .

Further the alimony Sha be calculated based on your salary and other things as she is not earning and you need to pay maintennace for kid also.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello.

there is no mathematical formula to claim alimony, all depends on your capacity and her claim.

you can file a case of divorce on the ground of cruelity and also before filing the same you can ask her for mutual consent divorce.

you can only re-marry after dissolution of your first marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

 I think you need a break and you need to stop using your wife for work if she cannot work you need to take her out of the family and give her some piece so that they love can Blossom in your life at this point of time your wife is pregnant and she needs lot of care and this action of yours will definitely child as well as your wife will go in depression you need to consider going to a marriage counselor to get your wife's behaviour assist and rectified instead of looking the option for divorce.

It will be not good on your part that your wife is not looking to leave the family so you have to manage the behavioural issues and find the correction by medication

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can try to get mutual consent Divorce by setting to an alimony amount. Alimony amount if not decided mutually can be decided by court after observing your income, her income your expenses and her standard of living during subsistence of Marriage

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Approach the Family Court and file a divorce petition against your wife on the ground of mental cruelty and desertion.

If you have taken a final decision to come out of this marriage, no point in wasting any further time. Consult a local lawyer and take the necessary legal action. 

Alimony will be paid to her, provided she claims the same and the decision of the Court thereupon. The quantum of alimony will be decided by the Court, which needless to say is based on a number of considerations. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The divorce petition may be filed in the family court stating all that she has done and cruelty and incompatibility should also be mentioned.

Alimony and maintenance depends upon your capacity to pay and your job status and salary....that would be decided by the court.

if she is at fault the court shall award less amount to her.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can file a case for divorce against your wife on the ground of mental torture and denouncement of Hindu religion. But legaly speaking you cannot escape from paying her maintainence and you have to maintain her. About permanent alimony All depends on the drafting and pleadings the court will decide and will come to conclusion as to how much the quantam of amounts as maintenance or permanent alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

.she can file any case as she likes
this RCR will dilute the seriousness of her cases
3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a compitant court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Even before getting legally separated from her by a divorce from a court of law, dont go for alimony issue so soon.

Your problems appear to be the result of the development of trivial issues.

If the situation is beyond control, you may first file a judicial separation case by which you will come to know her mentality and after that you can plan for divorce case if needed.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2494 Consultations

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