I got married for 3 months. I am staying with my parents .The second day after my marriage, my wife ask me to move outside city and abandon my depending parents. She is not helping my parents or me in any household or any work. I have hired a 6 hrs/day house hold work person. She started wearing full western clothes after I refuse to separate from my parents. She is constantly giving me treat of suicide. She is kind of talking bad about me and my family on social media like whatsapp and to her friends regularly. She only listen to her parents and when I complain to her parents about this behavior they support her by backing the excuse of freedom of expression and 21st century modern woman. According to them, wife's dignity will go down if she helps her husband. I lost my project in the company due to extreme harassment . She is an employed but on bench from last 5 months. My father got seek but she denied to help my family in need. She now took offer from Pune to work and live separately as a free independent woman. This is what she is following https://qr.ae/pGv7dC
I'm afraid, to file a divorce petition you have to wait until this marriage becomes one year old. Court cannot entertain any petition for divorce within one year of marriage.
At this stage, I will advise you to take help of a marriage Counselor. Perhaps with the intervention of a marriage counselor, the strained relationship between you and your wife may improve. She needs to be counselled.
You can file for divorce on grounds of mental cruelty after expiry of one year of marriage
2) wife forcing husband to stay separate from parents amounts to mental cruelty
3) wife refusing to stay with husband amounts to mental cruelty
4) wife threatening to commit suicide amount to mental cruelty
Dear Sir,
1) in such a case you will have to file a contested divorce petition based on mental cruelty.
2) To file contested divorce petition you will have to wait for expiry of one year.
3) Asking to live separate from parents without just cause, constant threat to suicide, defaming the husband in friends circle and job circle and callous attitude are all cruelty and many case laws are there in support of the same.
4) Let the wife live separately and on expiry of one yr file the divorce petition.
Thank you
A divorce petition can be filed only after completion of one year of marriage. You have to wait for another 9 months. Try to convince her for divorce by mutual consent as any legal action can trigger multiple reactions from her. From the description of her given by you she is capable of doing anything. For your information I forwarding procedure for obtaining divorce.
You can seek divorce from wife. Section 13 of Hindu Marriage Act, 1955 provides for divorce by husbandon following grounds like..
Contact local lawyer and engage him it take 1 – 2 years for divorce case.
Document required…
No second marriage till you get divorce.
Dear Sir,
You have many grounds to seek divorce. But you have to wait for 1 year from the date of marriage.
You have stated that your marriage is just three months old, hence you cannot file a divorce case within one year from the date of marriage.
You may have to wait for at least one year to file a divorce case on the grounds of cruelty.
If she is living separately from you without paying any heed to you then do not disturb her, remain silent for the completion of one year and then file divorce case if that becomes necessary.
1. It is not clear what do yo want. If you do not want her to work then you can make this clear to her.
2. if you want her to work but do not want her to stay in separate city then also you can alo make this clease to her.
3. If she does not agree to your demand then it is your choice whether to contuse with the marriage or to go for dissolving it , preferably, by way of a mutual divorce.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further , as per Supreme Court , if wife threatening for committing suicide regularly , then it amounts to cruelty and a ground for divorce.
- if she is not interested to live with you , then take her consent for mutual divorce , and on refusal you can file divorce petition on the above mentioned grounds
You can contact me, if detailed suggestion needed.
and,
don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,
(showing disregard to the parents-in-law, forcing the husband to left the parents, talking bad about the family in public/social media are few examples of CRUELTY)
once you file contested divorce she may file/claim
#498a complaint
#Domestic Violence case
#maintenance,
so be ready for them too,
and,
the second option is to file #Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
1. It appears that you did not gel well in your marriage.
2. Decide what do you want to do with your this type of relationship with her i.e. whether you want to terminate it or continue with it.
3. If you want to terminate the relationship, then collect all the evidence of her insisting to stay away from your old and ailing parents and also all her cruel acts on you by audio/video recording the incidents/statements.
4. Allow her to take up job at Pune of her own.
5. File a divorce suit against her on the ground of cruelty after one year of your marriage.
6. Thereafter you can negotiate with your wife for jointly filing a mutual consent divorce petition on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing.
Regarding her job part. if she wants to do a job then it is fine to work a day shift job in Kolkata and stay with us. However, she intends to move out of the city and stay alone to achieve total freedom. She wants to go to Pune for a BPO job on a night shift with a mere 22K salary. The excuse given by her is that it is called independence of South Kolkata modern girl. She also explained it is the right of women to have extramarital affairs and their husband should support them by giving the name of the 21-century girl. This idea is injected inside her by one of her friends similar in nature and Netflix series Bombay Begum. I am literally exhausted by this thought process.
1) best option is to file for divorce by mutual consent after staying separate for period of one year
2) you are not compatible and makes no sense in continuing the relationship if she refuses to stay with you
In the name of freedom for women, the modern girls misunderstand the very concept and start misusing the situation by their arrogantly adamant misconceived thoughts.
You have been advised the next course of action, hence you may remain silent but collect the evidences for all her absurd activities as well as her cruel attitude to strengthen your divorce case that you may propose to file at a later stage.
Dear Sir,
We are very sorry to hear about your plight. Here are a few suggestions:
1. Extra-marital affairs i.e., engaging in adultery is a valid ground for divorce under Section 13 (1) (i) of the Hindu Marriage Act, 1955
2. Article 21 of the Indian Constitution grants the right to life and personal liberty, thus, you as a husband cannot impose the wife the conditions of when and where to work. That is entirely her choice.
3. As mentioned earlier, since you have been a victim of mental cruelty, you may file a divorce petition on the grounds of mental cruelty under the Hindu Marriage Act
4. To strengthen your stance, please try and collect proofs regarding these instances to justify your plight to the court, in case you choose to opt for divorce.
5. If you do not prefer divorce or judicial proceedings, mediation is a viable option to resolve differences.
Thank You
Very sorry to hear about your condition. Can understand it. She will learn lessons of her feminism after some years of being used for free but thats not for us to discuss.
She was working in BPO before marriage also ?
- Anyhow a divorce can be filed only after 1 year of marriage. so meanwhile you get the proof/evidence of extra marital affairs. There is a trick also for that which you can use. extra marital affairs will be best way to get rid of her without much/any damage.
- Wife threatening to commit suicide amount to Cruelty. Collect proof/Evidence for this as its very important during attack time.
- Wife forcing husband to separate from parents amounts to Cruelty
- Wife refusing to stay with husband amounts to Cruelty
- If you get proof of her parents support on extra marital affairs then we can try exception of 1 year rule.
Dear Concerned
LUCKY ARE THOSE - WHOSE BAD WIFE - HERSELF PROPOSES TO LEAVE
Consider yourself extremely lucky that your wife want to move out of this marriage. LET HER GO
Consult a local advocate and start strategizing for future course of action - Protection your parents and your interests if she intends to come back after few months.
Best of Luck
She needs to be Counselled as it appears she has misunderstood the concept of freedom and Independence of women.
Take help of a professional Counselor; and in case she is not ready for this, let any neutral fmaily member mediate this.
1. Under Hindu Marriage Act a petition for divorce cannot be filed before a year from date of marriage.
2. Wait for marriage to be a year old and then you may file petition for divorce under Section 13 of Hindu Marriage Act on the ground of cruelty.
- Extra-marital affairs is a ground of divorce , and further if a woman having affairs out of her marriage , then she cannot claim any maintenance/alimony from her husband.
1. You shall have to decide your future course of action now.
2. Under no circumstances it will be prudent on your part to go for a child at this stage.
3. Extramarital relationship, if proved, can be used as an evidence of cruelty for which decree of divorce can be sought.
4. However, decide on the matter and act accordingly as advised in my earlier post.
You can proceed with divorce against her. Mutual will be good but I'd she is not ready proceed with contested divorce. Send legal notice first
Well this is ridiculous and i have no words to express my sympathies. You should immediately leave the girl if you want to remain sane and work. Let her go wherever she wants but ask her to divorce you. Record everything all her conversations and videos if possible.
If she is not ready for a divorce then let her go wherever she wants as long as she doesn't live with you.