My wife was grown up by her uncle and aunt. Her parents are alive. We are related to her parents family. We were married for two years, my wife insisted that we go out separately leaving my parents behind. Then things escalated she started giving several petty complaints and created in rest in home. One fine day , she quarrled and left house.. thought she will come..but after a week she came with her uncle and took all her belongings including the gold ornaments which we made for engagement for her and left house.. i called and asked her father what is this.. he said will call tomorrow(seems he went to lawyer next day and discussed about divorce). He called me next day and asked are u impotent, can u have sex, can you father a child. He spoke to my dad and said will apply for divorce and will get in a two weeks, there won't be any issue. Then I was depressed asked her , she didn't reply anything to my message and didn't attend my phone calls. To my colleague when they enquired what is the problem, to them also she said that she has a strong suspicion.. I then spoke to her family that she did UPT test twice, also she went for infertility clinic since she is having PCOD.. After this her father became mute..he didn't speak any word.. She is under influence of her uncle.. They wanted me to come out of my house, my parents should come and ask them apology for no cause , and not to go to my father in law whatever be the issue.. Talks through relatives all ended in vain.. They are not accepting for discussion with all, and also not proceeding for divorce now. She joined college far off without my consent..she will be there for three years.. she asked me to resign my govt job and come over there if I need to be with her .. She is saying whatever I need i to discuss with her uncle and get his nod..not to go to his father.. Even now she came home for vacation , and stays in her uncle's house, but no contact with me.. We are separated for more than a year , she is not willing for sex ,also not for baby , and she is having PCOD.. even before she left the three months life was a hell to me..physical intimacy was like a doing with a wooden log.. I feel this not going to work in long run..I wish to walk off..please guide me how to do.. As of now she is earning 70000 per month.. has property in her name. I just want my gold jewels which we made , and not willing for any alimony and if possible defamation compensation since they said to my relatives that in impotent and can't have a baby.
File for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) wife accusing husband of being impotent amounts to mental cruelty and is ground for divorce
4) since wife is highly qualified and working she would not get maintenance unless there is substantial differences in your incomes
5) gold given to wife constitutes her stridhan and would not be returned to you
1. Asking husband to abandon his old parents is an act of cruelty on the part of the wife, as opined by the Apex court, which is a good ground for seeking decree of divorce.
2. So, you can file a divorce suit on the ground of cruelty now. If you can wait for few more moths to complete two years of her deserting you, you can also add the ground of desertion on her part to seek the decree of divorce.
3. The ornaments/articles gifted to her by you and your family members will be considered as her Streedhan on which you can not lay any claim.
4. If her monthly average earning is more than 1/3rd of your net average monthly earnings then she will not be entitled to any maintenance from you.
She is staying in her uncle's house and being brain washed and under their influence ..can anything be done that either she has to be with her parents only? There are no reason to say that she has to be with her uncle's family... Please say what is decree of divorce?
1. She is an adult and is entitled to decide with whom she will stay.
2. She can not be forced to stay with her parents if she does not want to.
It is for your wife to take a call whether she wants to stay with her parents or her uncle family
divorce is order passed by court for dissolution of marriage
divorce can be granted if your wife prove the alleged impotency.
You can file a petition before the Court for medical test to prove that your not impotent.
Further you can file a case for defamation against your wife for false accusation and damaging your name and also for causing mental agony.
If you feel that it is no more possible to continue with the married life in the given situation, you may better file a contested divorce case on the grounds of cruelty.
You can add the following as grounds for divorce:
Her cruel acts while living together with you;
Her insistence on you leave your parents and also to leave your job and to live with her as her servant in her home elsewhere;
Her ill-tempered nature due to her PCOD disease;
Acting against you on the ill advise of her uncle;
spreading false rumours about your potency;
Her non-cooperation in the conjugal relationship rather not permitting cohabitation is also an act of cruelty;
You can discuss with a local lawyer and proceed as suggested.
If she is not interested to live with you or in her parents' house, no law can force her to live in the places other than the place where she chooses to live or reside.
If she is not willing to live with you without any valid reason, it can be considered that willfully abandoned the matrimonial home and withdrew from the company of her husband.
This can be considered as desertion also.
You can decide to proceed with the proposed contested divorce case if it is no more possible to continue with this stressful situation.
She can't be forcefully brought at any place without her consent
1. You are free to file petition for divorce on the ground of cruelty.
2. If she seeks maintenance then in order to repel her claim you will have to prove that she earns 70k per month.
3. Apply for anticipatory bail if 498A is filed.
Better go for divorce by mutual consent.
Contesting such case is waste of everything.
Regards
G.Rajaganapathy
High Court of Madras
