Dear Lawyers, I and my wife got arranged marriage on 11th Feb 2019. Her mom is highly dominant, ego arrogant, use abusive language and behave to any extreme like a drama person n cook stories about me to her daughter. Her mom wants her daughter to live as she wish and hates me as I didn't bow down. My wife post 2months of marriage , started her mom path and tried me to bow down her mom plans every weekend. Her mom treated me n my family very disrespectful in many ocassion. Her mom taken my wife back on 1st oct 2019 by speaking abusive language at my home. Post 1st oct 2019, wife stared asking to let us live seperately at a new home..also asking divorce if that is not happen n also asking gold n things back altogether. 3 tracks she was focusing that time. I met her outside in an common places 3 times. Her mom taken the gold, silver , dresses of her daughter on 1st Feb 2020 by making nuisance n again abusive language and gesture at my home and both went till police and cleared out heated discussion at that day. Outside police station her family members threatened that going court will take 5 years n we spent 40 lacs like thst...but actually they dint spend more than 8 or10 or max12 lacs...both are middle class only... they pressured me to write in a whitepaper that both will live in seperate home n find house soon. I wrote about the gold items taken back by her parents from my home n both signed it. But post feb n March , wife called multiple times n behaved very rude to find home as like her mom method n I dropped the seperate plan n decided for permanent seperation. From March 2020 to till date i stopped replying any of her message. Now 2.4 years went in seperation n this corona lock down n 3 years of marriage life is going to over.my Onsite opportunity was ended every year due to different waves so I couldn't travel or move to new company for higher salary. But she jumped to new company for Better salary, which I found it , most probably more than my salary in IT. Now my wife asking decision of mine. They doesn't initiate Divorce but they know I won't come back for seperate home....my wife one time in a message asked can we start live again in this corona lockdown ...one time she asks furiously what is my final decision as her age is going.. 1. How to start my conversation as I don't want her and want to kick start mutual divorce. Note she is not decision maker , she is just a messenger. Her mom only. 2. If we send a notice with mutual concern, how to negotiate for settlement? I know without money settlement they won't come for mutual.can we get help from advocate to negotiate. 3.we couldn't register this marriage in any gov acts becoz of her mom fights all those days. This will have any impact ?? 4. If we send notice via advocate under " mutual "or file directly mutual divorce directly, what negative steps they can do against us??? Pls help me to make this easier n doesn't make complica
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1) non registration dues not affect validity of marriage
2) send her legal notice that on account of irreconcilable differences it is better to split amicably and file for divorce by mutual consent
3) if wife refuses file for divorce on grounds of mental cruelty
Yes you can send notice to her. Procedure of settlement is case to case basis.
Hi, Better you can contact local advocate and through him you can contact your wife. If your wife is agreed for mutual consent divorce then you can file a Petition for the same. For Financial issue, better you can speak before filling the mutual consent divorce petition.
You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce no court cannot allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. Anyone can advise you to give divorce, but no one can come to your help.
- 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.
1. You can take her consent for mutual divorce with the help of elders
2. You can send a legal notice her for mutual divorce as she is not interested to live with you .
3. No , lack of registration of marriage will have no effect as the marriage was solemnized as per Hindu customs.
4. A mutual divorce petition cannot be filed without the consent of both the parties , and only a contested divorce you can file without taking her consent.
Dear Client,
As per the scenario present by you,you seem to have made up mind to not give your marriage another chance and resolve the matter amicably, which would have been a better solution in this case. But, since you wish to get a divorce on mutual consent, it is imperative that you consult a little with your wife if she also wishes the same.
Although your marriage was not registered, it cannot be held legally invalid. Registration is a legal proof that your marriage is valid in law and if you have sufficient means,photographs, documents or witnesses to prove it whenever required, lack of registration would not render the marriage invalid.
Hence, a mutual divorce can be sought in this case.Under section 13-B of Hindu Marriage Act, for a divorce by mutual consent, generally, couples have to wait for 6 months after filing first joint application for divorce before the family court before filing the second joint application. However, in some cases the court may take note of the long standing separation of the couples and waive the 6 months "cooling off" period.
As far as the settlement is concerned, you must consult a good lawyer regarding suitable pecuniary settlement, however, noting the fact that the wife is earning better than you are and is in a more well off than you financially, it is possible that the court might order her to provide certain alimony to you.
Thanks and Regards
1. You don't bother about her mother.
You can issue a legal notice to her mentioning all the events taken place in your married life till this date and can express that it will not be possible to continue this married life anymore hence she may have to agree for mutual consent divorce or you would be constrained to file a contested divorce case against her.
2. You don't worry about settlement, if she's not agreeing for mutual consent divorce then you can go ahead with the contested divorce case.
3. The wedding invitation card would be sufficient to prove the marriage.
4. Remember that the mutual consent divorce case can be filed jointly only and not by yourself alone.
If she's not cooperating for filing mutual consent divorce case then you can file a contested divorce case on the grounds of cruelty.
