I have been married to a Russian woman under the Special Marriage Act 1954 since 2010. We have a 12-year-old daughter. All these years the marriage was nominal, we had almost no sexual relations, she slept on another floor, left me for six months every year and lived in Russia and Thailand, constantly belittled and insulted me, but I endured it all and accepted her. In fact, she just used marriage to be able to live in India for free and receive care from me. In 2017, she suddenly said she wanted a divorce and ran away from home with her lover. Then she came back, we went to file for divorce, but she changed her mind at the last moment. Then in the fall of 2019, she said that she wanted to become a nun, and packed up her things and went to a monastery in Thailand. A few months later she returned and settled in my second house in another village, we wanted to file for divorce, but because of the lockdown, the court was closed. Then soon she left for Russia and returned two years later and settled again in my second house. So we have not lived together for more than three years, I want to divorce but she changed her mind about giving a divorce, because she does not want to lose her OCI card. She disturb us a lot, constantly lies to relatives and neighbors, spreads rumors, spoils my reputation and the reputation of my family, scares my nephews with rude shouts in the street at them, writes insults to me and constantly mocks me mentally. My lawyer says that we have to withdraw the divorce case, because in response she filed for a huge amount for her maintenance. He says that we will not get a divorce, because we have no proofs of her misconducts, but we can get this obligation to pay her large sums. I want to marry another woman, create a new family, evict her from my house and stop the mental abuse, and I'm already desperate, is there no way to get a divorce? Isn't the fact that we haven't lived together for more than three years a sufficient reason?
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Wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
2) wife abusing husband amounts to mental cruelty
3) wife refusing to stay with husband for continuous period of 2 years amounts to desertion
4) you have to prove allegations made in divorce petition
5) if wife is not working she is entitled to maintenance
You can file the divorce case on the grounds of cruelty.
All these incidents and the manner you have been continuously tortured by her can be pleaded as grounds for divorce.
If your current lawyer is not cooperating properly then you can change the lawyer.
1. Proceed with divorce proceedings & provide evidence of wife's misconduct.
2. Use 3+ year breakdown of marriage as valid reason for divorce.
3. Provide evidence of wife's behaviour e.g. insulting remarks, lying, mental abuse.
4. File for restraining order to protect self from any further abuse.
You can file a contested divorce in said case of she remains absent you will be granted exparte divorce
You can file for divorce and let get hearing date after date, meanwhile on divorce petition ground you can perform second marriage on custom.
- 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.
- 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 Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition.
- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.
- Since, the marriage was performed under the Special Marriage Act, then legally she is your wedded wife, and hence she having right to claim maintenance and alimony from you.
- However , if she is not interested to live with you, then you can file a divorce petition before the court on the above mentioned grounds before the court.
- Further, during your life time she cannot claim any right over your property , and if that property is in the name of family members , then they can evict her legally.
Dear client, under the Special Marriage Act 1954, a divorce can be sought on various grounds, including mutual consent, adultery, cruelty, desertion, and conversion to another religion. If you can prove any of these grounds, you can seek a divorce, even if your wife is not willing to give it.
In your case, you have mentioned that you have been living separately for more than three years, which is one of the grounds for divorce under the Act. However, your wife is contesting the divorce and has filed for maintenance. In such a scenario, it is important to gather evidence to prove the grounds for divorce, such as mental cruelty or desertion. This could include witnesses, recordings, or any other evidence that supports your case.
Regarding her maintenance claim, the court will take into account various factors such as your income, your wife's income, her age, and her ability to earn a living. The court may order you to pay maintenance, but the amount will be determined based on these factors.
It is important to follow the legal process and seek the advice of a competent lawyer. If you have evidence to prove the grounds for divorce, you can contest your wife's maintenance claim and seek a divorce. However, it may take time and effort to gather evidence and build a strong case.
