• Divorce

I was married on August 9th 2014..It was an inter caste marriage and I did not tell my parents..later on everyone accepted our marriage..Now we have a baby boy 11 months old..

Problem is my wife always feels that I am not giving enough importance to her..she doesn't like if I take care of my parents or talk to them.For the last one year she has been quarrelling with me every alternative night about the same issue.when she quarrels she cries and shouts on me..that's not a problem.she gives me suicide threats every time like hitting her head to the wall, holding a knife on her neck etc..whenever she does that I am really getting scared off and begging her to leave the issue and compromise.. But a day after that same thing repeats.I am really fed up with this life.After strenuous office work I am really not feeling like going home..I know law works most of the times in favor of women..but still whatever may happen I have come to a decision that Jail will be 100% better than a home like this..I have decided to give divorce to her..but if I say this to her she gives me suicide threats because she doesn't want to leave me..counselling was happened many times.but there was no use.now tell me how should I approach for a clean divorce...

Thank you.
Asked 3 years ago in Family Law from Rajahmundry, Andhra Pradesh
Religion: Hindu
1) your wife needs to consult a psychiatrist as she is suffering from mental illness 

2) constant threats to commit suicide indicates she needs treatment 

3) record her threats 

4) file for divorce on grounds of mental cruelty 

5)in the event any false case is filed of Domrstic violence or 498A contest it on merits 
Ajay Sethi
Advocate, Mumbai
44193 Answers
2562 Consultations

5.0 on 5.0

Getting divorce is not an easy task, more so, when one of the spouses is not willing.
You are facing marital dispute like many millions in our country but not serious enough to warrant a divorce.
The lady can reform if you become more patient and counsel constantly. Think about the child.
You may consider to take her to marriage counselor.
Devajyoti Barman
Advocate, Kolkata
12496 Answers
160 Consultations

5.0 on 5.0

If marriage counselling did not work, better stay away from her for few  months and watch the developments and the result, if nothing changes then you may approach court for  divorce n the grounds of cruelty.Even the continuous suicide threats are considered to be an act of cruelty. 
T Kalaiselvan
Advocate, Vellore
34332 Answers
367 Consultations

5.0 on 5.0

1. Since counselling has proved futile you may file for divorce on the ground of cruelty committed by your wife.

2. I do not know what you mean by clean divorce. Both of you may file for mutual divorce if there is an agreement to this effect. A contested divorce may not necessarily be an 'unclean divorce'.

3. If she files any false charges of assault, domestic violence, etc then you will be given an opportunity to contest her case on merits before the court can pass its order.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

The possessiveness of your wife work out more in real life may be with hot tempered manner. Your marriage is only a stage of bud now and a child is born in this wedlock. A husband is a man to manage wife, parents, children with out colluding their likes and dislikes. And also try to full fill their wish. You will act the roll as a husband, father and son perfectly and not to think for a divorce in this stage. It is not a big issue in life if we approach it in a simple and cool manner. One day counseling is not enough to cure the problems in your life. She had trusted only you in her life as a partner and likes to live with you. 

If you think for divorce please follow the legal way given under .The inter-cast marriage is come under special marriage act and you have to follow The Special Marriage Act, 1954 for divorce 

Grounds for Divorce under Special Marriage Act are as follows:
(1)Subject to the provisions of this Act and to the rules made there under, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent”
(a) has since the solemnization of the marriage committed adultery; or
(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (Act XLV of 1860): or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind for a continuous period of not less than three years immediately proceeding the presentation of the petition; or
(f) has for a period of not less than three years immediately preceding the presentation of the petition been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
(g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

Dear Querist
There is no procedure for clean divorce, either contested or mutual, as per your information she is not agree for mutual, hence only the contested divorce has left for you.

file the divorce on cruelty ground under section 13(1)(ia) of Hindu Marriage Act-1955 before family court.
Nadeem Qureshi
Advocate, New Delhi
4791 Answers
219 Consultations

4.9 on 5.0

It is advisable that both of your file a mutual consent divorce. Since counselling has failed between both of you, you must approach police and file a complaint against your wife giving threats to you and you must state about the counselling sessions as well. If she is not ready to give divorce by mutual consent, only option is to file contested divorce on the ground of cruelty and harassment. You must first record everything to have some proof to save your skin.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
843 Answers
63 Consultations

5.0 on 5.0

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