I got married in oct 2023, and since my wife was working in another village around 5 hrs from us, she stayed in the village itself. We had multiple quarrels from starting and didn't stay together. But in February of this year, her parents came to our house and settled the matter, they wanted me to stay seperately with my wife, but i refused as no one is there to take care of my mother and father expired 15 years ago. They reluctantly agree, and my wife came to my house and stayed for 3 weeks, we were supposed to go to my hometown for festival and she is agreed to come. On the day of travel, my wife went to office, but then in the evening, she said she will not come back to our house and decided to stay in quarters, blocked all of our numbers. We called her parents, but they didn't pick up. Now its been two months and after multiple discussion with her brothers father in law, they wanted to seperate and asked us to come to vizag for settlement. But we refused since my mother cannot travel and i and my wife are working in bangalore. So we asked them to come to bangalore to settle as we both are here. Then suddenly a family judge called us, saying her brother's father in law has asked him to settle. He heard our side of story, then after 2 weeks her parents also spoke with him, since i refused for seperation, her parents now told him that the judge that i am impotent, and they will send her daughter to our house if judge guarentees, there will no quarell, or stay seperately. Judge informed us the same and asked us since they are more inclined towards seperation, he asked us to get a potency certificate. I got tested and also got a potency certificate as well. But not sure how to proceed. If we go for divorce, what will be the amount of settlement, since i earn around 1.8 lac per month in IT and my wife works in SBI back and earns around 40k per month. My mother underwent surgery recently and her radiation treatment starts in 2 weeks. So we will not be able to travel to vizag. I need to take her to radiation every day as per doctor. My wife always disrespected me calling me useless fellow multiple times, even asked who am i to ask her anything. She doesn't want to stay with my mother. What can we do in this situation? if we go for divorce, how much alimony should i have to pay as we only stayed together for 3 weeks in whole 1 year 8 months of marriage. Also can we get divorced in bangalore itself as we both stay here. What should we do if the judge from her side forces us to come to bangalore?
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Best option is to file fir divorce by mutual consent
2) since your wife is working she is not entitled to any maintenance u less there is substantial difference in your income
3) ask your wife to forward draft of the consent terms and petition
4) if wife demands substantial sum as alimony dint agree fir divorcé by mutual consent
5) you can file for divorce in Bangalore as both are residing in Bangalore
Hello,
No judge can force you to go for divorce even if the case is going on before him.
The judge has to decide the case only on merits that too in the manner known to law and not as per his own will and wish.
If you know the name of the judge and the court where he is sitting, you can make a complaint against him with the registrar - vigilance, high court about this, he will not interfere after that.
In divorce the alimony is not automatic.
She has to apply for it.
However, fact that she is employed does not automatically disqualify her from receiving alimony.
The court will consider several factors, including her income, financial independence, and the income disparity between her and her husband.
If her income is insufficient to maintain the lifestyle she enjoyed during the marriage, or if there's a significant income difference, the court may still award alimony
You can go for mutual consent divorce if she agrees for that and can negotiate one time settlement amount too.
You can file divorce case in Bangalore also
Settle the dispute and amount of alimony out of Court and go for MCD. It will not take more than one and half years to obtain decree of divorce. As she is earning, court will not order any maintenance. Don’t give her any opportunity of approach a lawyer, that will escalate the dispute. A contested divorce from you will open box of trouble for you.
- 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.
- If she is not interested to live with you , then take her consent for mutual consent divorce
- Further, if she is not ready for the mutual divorce or asking huge alimony then file a contested divorce case on the ground of cruelty and separation.
- There is no rule to call the client by the judge , and hence the said call is not from any judge , and hence you can decide yourself.
- You can file the petition in Bangalore .
- You can contact me, if further suggestion needed.
Yes, you can file for divorce in Bangalore since both of you live there. No need to go to Vizag.
Since your wife earns ₹40K/month and you were together only 3 weeks, alimony may be low or not required, especially if she is financially independent.
Your potency certificate counters false claims. Keep it safe for legal defense.
No judge can force you to travel for settlement. You can request online mediation or ask them to come to Bangalore.
If divorce is mutual, settle terms (alimony, assets) and file under mutual consent. If not, file contested divorce in Bangalore family court citing cruelty, abandonment, and false allegations.
Given your mother's medical condition, courts will consider your responsibilities while deciding travel or settlement.
The alimony depends on the income earned by you and your expenses and standard of living of wife during subsistence of marriage
Dear Client,
Alimony Implications for Short Marriage and Earning Wife:
Earning Wife: Your wife earns INR 40,000 per month from SBI, making her self-sufficient. While there's a significant income disparity (your INR 1.8 Lakhs), her independent income substantially reduces your alimony liability.
No Fixed Formula: Indian law does not prescribe a fixed formula for alimony. Courts consider various factors under Section 25 of the Hindu Marriage Act, including the financial status, earning capacity, lifestyle, health, and dependents of both spouses, and importantly, the conduct of the parties.
False Allegation of Impotency is a Strong Ground for Cruelty: This is one of your most powerful points. In India, divorce on the basis of severe mental cruelty is duly accepted under Section 13(1)(i)(a) by the Supreme Court and other High Courts which have always held that when false, malicious and scandalous allegations are made against the spouse stating that he/she is not able to have a sexual relationship (such as impotency), then the same is an act of severe mental cruelty to the innocent spouse and the other spouse can be divorced based on this ground. This is a false statement against which you have direct evidence in your potency certificate.
You Can File for Divorce in Bangalore: Since you and your wife work in Bangalore, and most significantly, the last time you lived together was in Bangalore (even 3 weeks before she had left), the Family Court in Bangalore can be approached in the interest of divorce in section 19 of the Hindu Marriage Act of 1955. The health condition of your mother is another excuse to support your claim that you should not travel to Vizag.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Dear Sir,
First of all be bold and courageous to face anyone and stand with your rights even before a judge. Worry for nothing and have recordings/documentation of all the things/all the events happening in the matter. The documents in form of writing/audio/video materials will save your money, reputation and everything. If you face pressure from said family Judge, just file a written complaint with all necessary documentation to the registrar vigilance and chief justice of high court for action against him. You will see that the said judge is silent thereafter. Go on with treatment of your mother. Do keep domestic help for mother in order to show enhanced expenses and less of savings, besides better care of mother. Take a loan such as house loan etc. to show reduced take home income and go for minimum money. Also, file preventive complaints with police and higher officials such as DM, chief secretary regarding potential misuse, threats and loss of reputation by them. You will be winner surely.
Dear Sir,
You can file for divorce in Bangalore under Section 19 of the Hindu Marriage Act, 1955.
You can offer a lump sum of ₹2–4 lakhs
If she refuses mutual consent and wants a contested divorce, you can also file for divorce on grounds of:Cruelty (her disrespectful behavior, blocking contact, false claims about potency, etc.) and/or Desertion (she left you and never returned). You may send a legal notice seeking retraction in respect false allegation of impotency.This can strengthen your case for divorce on cruelty grounds.
You got married in October 2023. Your wife continued to live in another village due to her job, approximately five hours away. You and your wife had multiple quarrels from the beginning, and you never lived together as a couple. In February 2024, her parents visited your home to settle the dispute. They wanted you to live separately with your wife, but you refused because your father had passed away 15 years ago, and your mother depends on you for care. They reluctantly agreed, and your wife returned to your house and stayed for about three weeks.
You both planned to visit your hometown for a festival. On the day of travel, your wife went to work but later refused to return and decided to stay in her office quarters. She blocked all contact with you and your family. You tried contacting her parents, but they did not respond. After two months, following multiple discussions with her brother’s father-in-law, they proposed a settlement meeting in Vizag. You refused because your mother cannot travel, and both you and your wife work in Bangalore. You asked them to come to Bangalore instead.
A family court judge then called you, saying the wife’s side approached him for mediation. He heard your side of the story. Later, her parents spoke to the judge and alleged you are impotent. They said they would send their daughter back only if the judge guarantees no fights or separate living. The judge informed you of these developments and requested you to get a potency certificate. You got tested and obtained the certificate, which confirms your potency.
You now seek clarity on how to proceed. If you decide to file for divorce, your wife may claim maintenance. You currently earn ₹1.8 lakhs per month in the IT sector, while your wife works for SBI and earns around ₹40,000 per month. Since your wife stayed with you only for three weeks during the marriage, the duration of cohabitation was very short. This will likely reduce the quantum of any alimony or settlement. Courts generally assess maintenance based on the duration of the marriage, financial independence of the spouse, and any cruelty or desertion involved.
If you file for divorce on grounds of cruelty and desertion, the court may consider your wife’s conduct—blocking contact, abandoning the matrimonial home, and falsely accusing you—as mental cruelty. Given the short marital period and her independent income, the court may deny her alimony or grant a nominal one-time settlement.
Since you and your wife both reside in Bangalore and your mother requires regular medical treatment, you have a valid reason not to travel to Vizag. You can file for divorce in the Family Court in Bangalore. You are not obligated to appear for settlement in Vizag, especially when practical circumstances prevent it.
You may proceed by issuing a legal notice requesting reconciliation or directly file for divorce based on cruelty and desertion. If her family continues to make defamatory or false statements, you may file a police complaint and use your medical certificate to defend against their claims.
In case you need my assistance in the matter I can be contacted on
Regards,
YUGANSHU SHARMA
SYS LAW OFFICES
