Want divorce from my wife
I got registry marriage a girl in 28 February 2015 by her father & brother's threatening to me & my family. From 28th feb to till now we r not live together and gradually i got to know that she has affairs also with many of his friends but now she wants to marry me again in traditional way. Now i am jobless so refused to marry her then she filed a case against my whole family (dowry,attempt to murder, physical torture, hurt, relation with other girls etc.) and forced me to sign an agreement to marry her within march 2016 (her family fix a date i.e 11th march 2016) otherwise police will arrest all so i signed the agreement.
But now i don't want to marry her and take her to my home. Her family is very dangerous.
when i told her to get divorced mutually, She refused to not signed any divorce paper. Can anyone suggest me, what would i do ?? But i need divorce from her .
We have no child.
Asked in Family Law from Bhubaneswar, Odisha
Hi, You have on other option you have to contest the case on merits, first you have to apply for anticipatory bail then you can contest the case on merits.
2. Secondly, you can file a petition for divorce on the ground of cruelty, the way in which she filed a case against you, it clearly disclose that she has inflicted cruelty against you. so you have a good case on merits.
You are already husband and wife if you married her under Special Marriage Act which in common parlance is called registry marriage. The FIR seems to be based on absurdity, so you should move the High Court for quashing of FIR. You are free to apply for divorce in the court on the ground of cruelty.
1. You can go for Annulment of marriage if your consent was obtained by force and/or fraud.
2. If you produce sufficient evidence that you and your family was threatened by the bride's family to obtain your consent, then the court may annul your marriage.
3. Technically then you will remain a bachelor and the marriage will be treated as invalid marriage and the marriage is null and void for all practical purposes.
1) your registered marriage is valid even if you don't marry her again in traditional way
2) if you want to divorce her contact a detective agency and gather evidence of her extramarital affairs
3) if false 498A case is filed obtain ABfrom sessions court
1. No marriage can survive with the reluctant person and that too when marriage is performed under force and duress.
2. So I can not advise you proceed with the marriage.
3.Worst has already occurred and nothing more bad can happen.
4. File a divorce suit on the ground of cruelty and adultery. It will take time but surely you would get divorce.
Best of luck.
Since you have stated that your marriage has already been registered now this formal marriage is not going to make any difference. So whether you agree to that or not the fact of your marriage cannot be denied.
As she has already filed lot of criminal cases against you, you can straight away file a divorce case on the grounds of cruelty on your own way and do not have to obtain her permission or try for mutual consent divorce.
Thanks for above responses
As she filed the case against my brother(govt servant-GRP), Mother, One of my relative(GIRL), Sister & sister-in-law (married before 5 years)
they dont know about the girl , is ther any serious action taken by her or police to them (specially to my brother because he is a govt job holder).
I have already applied for anticipated bail but it will take time.. in between she lodge variety complaints against me and my family members also..(at my village police station I.e not attend the marrige in 11th march, at my present area I.e break her mobile and stolen important document from her)..what should I do if she has took this actions again and again.
Continously she is going to police station and force them to arrest me so now I hav left the place and my mother alsi left from my village bcz she and her father threaten if my mother will not come to my village within 10 days she will break the lock nd keep staying there in my village.. is that possible ??
suggest me can my relatives lodge complaints against her by harrasing them with phone calls and messages.
Asked 1 year ago
1) you and your family members have to obtain anticipatory bail and contest case on merits
2) if the house in village is owned by your parents they can move court and obtain injunction restraining yiur wife from disturbing their possession of the house
3) if your wife is threatening your family members they can file complaint of criminal intimidation under section 506 of IPC against her
As expected she had filed lot of criminal complaints against you for refusing to take her. However, please be aware that all such cases will appear dreaded in the beginning but their harshness shall subside as the trial begins. You may have to obtain anticipatory bail first. For anticipatory bail, you may plead that though your marriage has been registered, owing to her premarital as well as post marriage extra marital affairs coming to light, you have decided to dissolve the marriage for which she became furious and resulted into such false cases as a revenge. The court will certainly understand the situation if explained and argued properly during the hearing of bail application.
Once you get anticipatory bail on one such complaint, the police will remain silent about all her other similar complaints and they may not even entertain her further complaints until she influences them with money power.
You can file a suit for injunction against her to restrain her from entering your property except by following the due course of law. Your family members who are threatened by her can file a complaint for criminal intimidation against her.