• Divorce

Please answer all my questions. I need a good lawyer
1.	We are staying in house which is in my Name and my parents stay in other house. Can I give my current flat on rent and start staying with my parents. My wife is not allowing me to give flat on rent. She has filled for 3 rd party petition. What should I do? 
2.	Me and my wife is staying in the same house but don’t have physical relationship. How can we prove that we don’t have physical relationship? This is important
3.	We don’t like each other and my wife say that she want divorce but she refuse to move out of my house , House is in my name? What should I do?
4.	I don’t want to stay with her anymore because we keep fight almost alternate day. Sometime it  result into battle. Once she stab me with knife which result in 2 scratches. I didn’t register a police complain to avoid issues. It also effecting on my 8 years old daughter
5.	Also she has spoiled my name in society saying that I have an affair with bai I am not able to move in society earlier I was very active member but now I don’t mix with people.
6.	Also her sister in law file a case against her family and my wife is responsible for that can this help me?
7.	All expenses is born by me she is working in Government Job at good post but not paying money for expenses. Out of our 9 years she paid small amount only for 2 year and nothing after that?
8.	I am working in Pvt Job and don’t have job security and her job is secure She has also take a flat in panvel now how can this help me?
9.	Also I am suffering from high blood pressure, anxiety attack and depression and I am under treatment from doctor can this help me in getting divorce?
10.	She don’t treat my parents properly whenever they come to my home she start fighting. One of my nephew is staying with my parents she has created lot of issues about that and once beaten him.
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) since you are absolute owner of the house you can give premises on rent . . the said flat is also your wife matrimonial home . she can obtain an injunction restraining you from selling the house 

2) what happens between closed doors is only known to the couple . you have to state that you dont have any physical relation ship . let your wife deny it 

3)you should sell the house . 

4) you should have filed police complaint when your wife stabbed you with knife 


5) you can file for divorce on grounds of mental cruelty . making flase allegations that husband is having an affair amounts to mental cruelty 

6) case filed by SIL wont help you 

7)if both husband and wife are working both should shoulder responsibilities together 

8)your wife would not be entitled to alimony as she is working and also has house on her own name 

9) your suffering from BP , depression is no grounds for divorce 

10) if your wife assaults your nephew he should lodge police complaint against her 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Sex plays an important role in marital life and cannot be separated from other factors that lend to matrimony a sense of fruition and fulfillment. So in your case Denying sex to spouse is ground for divorce.

Under the D V Act the wife is only entitled to claim a right to residence in a shared household, and a `shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member.A husband’s refusal to allow his wife to share the household and stay with him will amount to ‘domestic violence’ under the Protection of Women from Domestic Violence Act.If you refuse to stay her in house or rent out the house under D V Act Section 19(1)(f) of the Act you should provide an alternative accommodation.

File a divorce petition against the wife.
May a good counselling can change your miserable life. Good marriage life contain understanding each others likeand dislike ,respect and love, affection and hate. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. I am not sure what do you mean by ' 3rd parTy petition' as no such term exists in legal parlance. If you are owner of the flat you can give it on rent. Your wife can not restrain you unless she files ca in court for such order under Domestic violence act.
2. You have to file suit for divorce on this ground but it is mighty difficult to prove this fact.
3. If she does not move pout and files a case for residence order under PWDV Act then you are left with no option.
4. Ask for an amicable settlement and go for mutual divorce.
5. File a case of defamation against her.
6. Yes
7. You can not force her do so unless you are unemployed.
8. This will help you to avoid paying maintenance to her.
9. No unless you can prove that your wife is responsible for these ailments.
10. Use these facts in your divorce petition.
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
4.9 on 5.0
Hi
 As of now move out of the house and stay separately, and file divorce immediately.
No legal notice  be given as it would give her chance to go ahead and initiate  unnecessary criminal complaints and proceedings.

Meet an advocate and file divorce first then move out  tof the house before the service of summons. Once she receives the summons from the court, she will have to appear before the court.
 File a divorce on cruelty grounds,

denial of sex is aground of divorce only if you have not contributed for the desertion, but at the same time cruelty of emotional, physical and other ways can be brought out top prove your case against her.
 During the pendency of the case there wll be chances to go ahead with mediation and end this marriage mutually.

 I f your wife is not working you should expect maintenance or which also can be settled on one time alimony 
You can not bow your head and allow the emotional and mental cruelty which occurs in your marriage and afford to lose your chance to live. when there is no harmony , love and happiness in relationship, end it to move to live.

However the dispute in marriage is a  legal dispute created for material purpose by most often by the party who eye on property or a big amount to settle the disputes.

 if you happen to be caught up in such situation fight it out and hire  the best legal support for the same.
First analise the situation, her intentions, and her strengths and plan it with your advocate.

Regarding the house, you can transfer it by a deed of gift to your parents, but as you mentioned she filed a petition of not alienating/ creating third party rights, this has to be perused to say a final advise on it. 

Your wife is entitled to stay in a matrimonial home, for maintenance and  to defend the husband's petitions on his own cost, this means she can also file for legal expenses as you start the divorce proceedings.
By reading this don't lose your heart, understand the provisions under the law, realize your case merits, and finally what your needs .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) As long as she is your wife she hrs the right of residence. Therefore if you want to move out you will have to find alternate accommodation for her. It is not advisable.
2) It is not easy to prove unless you want to file a petition in the court alleging that she refuses to have physical relationship which amounts to mental cruelty.
3) Why don't you negotiate a mutually consented divorce. Talk terms and reach an agreement. She has the right to stay as long as the proceedings are in p progress.

4)A divorce by mutual consent would be the perfect solution. Agree fit a parenting plan as you both are responsible for the child.

5) Get sister in law's case won't help you.

6) This will help avoid your liability to pay maintenance to her.

7) Of the flat is registered in her name and you have proofs this can help you defeat her claims for residence.

8)Your health conditions can not be reasons for seeking divorce. You can at the most say they resulted from her cruelty.

9) Insult to parents will be considered cruelty to you mentally if the incident can be proved.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You being the owner of the flat are at liberty to rent out your flat. Your wife is no one to stop you from doing so.

2. That there has been no sex between spouses can be proved only by oral statements in the court as there cannot be any proof of what takes place behind the precincts of the sacred marital bedrooms.

3. Unless you are granted divorce your wife has the right to stay in your house. The only legal recourse which you may adopt against her is to file a lawsuit for her eviction.

4. You can prosecute her for defamation for damaging your esteem in the society.

5. The case filed by her sister-in-law, subject to its nature, may help you in the court.

6. She can sue you for financial support, but you can contest to defeat her claim as she is earning on her own.

7. Suffering high blood pressure, anxiety attack and depression cannot be the legal foundation to seek divorce. 
Ashish Davessar
Advocate, Jaipur
18093 Answers
448 Consultations
5.0 on 5.0
1.	We are staying in house which is in my Name and my parents stay in other house. Can I give my current flat on rent and start staying with my parents. My wife is not allowing me to give flat on rent. She has filled for 3 rd party petition. What should I do? 
There is no harm in shifting your residence, you need not take anyone's permission for this because you are shifting the residence for your convenience and for other facilities, if she is filing the case, you may challenge its maintainability on the same grounds. 

2.	Me and my wife is staying in the same house but don’t have physical relationship. How can we prove that we don’t have physical relationship? This is important
There can be no evidence for an incident that takes place within four walls,hence it depends on the assertions and denials.  Present your case properly and watch her next move whether she denies it or accepts it. 

3.	We don’t like each other and my wife say that she want divorce but she refuse to move out of my house , House is in my name? What should I do?
Until there is no divorce between you both, she has rights to stay in her matrimonial house as your wife, this cannot be denied by you.


4.	I don’t want to stay with her anymore because we keep fight almost alternate day. Sometime it  result into battle. Once she stab me with knife which result in 2 scratches. I didn’t register a police complain to avoid issues. It also effecting on my 8 years old daughter
You cannot force her out of the house without a divorce order, hence to protect yourself and your daughter, you better move yourself as well as your daughter to some other house till the divorce case is disposed.

5.	Also she has spoiled my name in society saying that I have an affair with bai I am not able to move in society earlier I was very active member but now I don’t mix with people.
6.	Also her sister in law file a case against her family and my wife is responsible for that can this help me?

For both the above questions, the circumstances is the best thing which will facilitate you to make calls accordingly, there is no legal solution to this immediately.

7.	All expenses is born by me she is working in Government Job at good post but not paying money for expenses. Out of our 9 years she paid small amount only for 2 year and nothing after that?
8.	I am working in Pvt Job and don’t have job security and her job is secure She has also take a flat in panvel now how can this help me?
The answer to both above will depend how you tackle the issue during trial proceedings when the situation for maintenance is taken up before the trial court.

9.	Also I am suffering from high blood pressure, anxiety attack and depression and I am under treatment from doctor can this help me in getting divorce?
This you can add it to the pleadings in the grounds for divorce.

10.	She don’t treat my parents properly whenever they come to my home she start fighting. One of my nephew is staying with my parents she has created lot of issues about that and once beaten him.
This is another ground to depict her cruel face and activities on which you seek divorce. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Dear Querist
immediately file a divorce petition before family court on cruelty u/s 13(1)(ia) of Hindu marriage Act-1955

misbehave with the parents when they visited you and your family is also cruelty and on this ground the court pass an order for divorce too.

after divorce she have to vacate the house and for this you have to file a eviction suit.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
You can file for divorce on grounds of cruelty u/s. 13 (1) (a) of Hindu Marriage Act 1955. Start maintaining all records of her cruelty. Ill-treating your parents and beating your nephew amounts to cruelty. 

Do you have any proofs that she is owning a flat in Panvel. If yes keep it in safe custody if not then try getting the relevant documents. 

She stabbed you with k I've do you have any medical records for that? That will be helpful for you in the petition. 

Start interacting with your neighbours so that people know about the truth. If you be inactive people might have started suspecting you. 

Yes for divorce you may file all medical reports and hold her responsible for it. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
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