• Divorce from wife

Respected Lawyer,

I got married on 7th December 2014. My marriage is a arranged marriage. This marriage proposal came from the girls side and they initially came one year back August, 2013 to our house with the marriage proposal, but they took time till November 2014.
We mutually agreed for the marriage in the month of October 2014. We had engagement on 7th November, 2014. Even before the engagement we asked for the marriage in the month of February or March 2015. But saying that they will get transferred (my father in law works as a Jail Superintendent) they pressed to accept us for the marriage in the month of December.

During the marriage also their father insulted me and my parents in bad ways which I cannot say here. Even then also I tried to be adjusted to her and her parents. She used to work as a secret agent for her father. She used to tell all the happenings in our family from early morning to late night, the worst part is that she used to share our bed room discussions with her father and he used to guide her. 

In the month of March she became pregnant, then I said that let us plan a occasion and say the same to my parents and her parents, which she modified and told her parents saying that I asked or forced her to get abortion, after this her parents came to my home in the mid night and quarreled with me and my parents in the late night and threatened me to take her daughter her away, and saying that he is a Jail Superintendent my father in law threatened me saying that he can make me anything he want, put me in jail etc. After this happen also I adjusted my self saying that she will realize and kept calm. 

One day while we are going to bus stop on two wheeler while I am at a junction and there is no vehicle movement, she willingly fell from my vehicle in such a fashion she didn't get any injuries, and even then after I said to move back to home, instead saying that nothing happened she left to the office. During the office I called her many times but she did  not pickup the phone and in the evening put a message  and left to her parents house. Even in the evening I phoned her, which she didnot pick up. Later her father informed us not to phone her or to come to their house.

Even still one day I went their house along with my sister asking to send my wife with me, for which they denied and didnot sent my wife with me and more over they her mother and father started threatened me saying irrelevant matters. During the course when my  wife is with me for the two months after the marriage also she threatened me saying, she will leave me and give me divorce and she and her father can do me what ever they want as her father is Jail Superintendent and they know higher officials in the police.

Even after I sent my father to her place along with one mediator and my sister for bringing my wife back, they also they repeated the same, instead of sending my wife they insulted my father and threatened and said they will not sent their daughter.

Then after I sent two letters mentioning all the false allegations she and her parents are saying against me and asked them to come for discussion in front of anyone they like and any place, to which they didnot accepted rather they replied saying that I am harassing them (my wife and her parents) with letters and they will look into the matter at proper time after her delivery. And through the same letter they informed/ threatened not to write letters further otherwise the issue will be serious.

As I came from sources she delivered a baby girl as I came to know from some sources, even then also they did not tell me or my parents about the child birth. Even they didn't informed me or my parents about the child birth or well wishes of the baby or the mother. Even though it is six months since she gave birth to a child, and she is going to office from just 2 months of the delivery, they are not coming front to discuss the matter as they said in the letter as I said above.

Taking all these things I mentioned here and many things which I didn't put here, I would like to take divorce from her legally.

Please guide me in this regard, How to proceed for the divorce?
Asked 8 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) you can file for divorce on grounds of mental cruelty 

2) refusal to stay with husband amounts to mental cruelty 

3) since your wife is working she would not be entitled to maintenance 

4) gather evidence of her income 

5) you can before filing for divorce send a legal notice mentioning detailed facts of the case and as to whether she is interested in returning to matrimonial home . In said notice mention that if she dies not want to continue marriage they can file for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
Hi, you have  a good case on merits your case is the fit case for petition for divorce on the ground of cruelty. you have to file petition for divorce on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
first you should take a protection order from the high court that your father in law is an influential person and he can cause harm or file false case, on filing of divorce petition. then your father in law cannot file case without giving you chance for representation. court cannot issue warrant against you.   
 
living separatly from husband without reasonable cause constitutes matrimonial cruelty and it is a valid ground of divorce. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Since you want to take divorce you are required to file a petition for divorce on the ground of cruelty against her. Be prepared to be hit back with cases of dowry harassment and domestic violence, which you should be prepared to contest on merits.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Querist
if divorce is your decision, then immediately file a divorce case before the family court/district court under section 13(1)(ia) of Hindu marriage Act-1955 based on the cruelty along with an application u/s 26 of Hindu marriage Act-1955 for child custody.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Since there is no love lost nor the compatibility issue may get solved due to her nature, you may simply go ahead for filing  divorce petition on the grounds of cruelty.  Consult a local lawyer and proceed.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
1) file for divorce on grounds of mental cruelty

2) you can if you so  desire send legal notice before filing divorce petition 


3) record FIL threats 

4) install CCTV cameras in the house 

5) number of lawyers on this website from hyderabad . contact any of them 



Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
you should file divorce directly before the family court. it is civil nature case so no need to send notice. contact a good lawyer and file petition. after taking protection order court or police cannot take coercive action against you. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
If you apprehend that her father may use the police influence to threaten you and further harass you, better file a contested divorce case  immediately.  Any police complaint after filing divorce case may not have the serious effect as they may be planing to unleash  on you. 
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
1. To file a case you require a lawyer. So the only thing you can do is to engage a lawyer who will do the needful.

2. It is not mandatory to issue a lawyer's notice as you can directly go to court.

3. If false cases are filed against you then move the High Court for an appropriate relief.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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