• Divorce or not

Hi I am 32 years married female, marriage has completed women exactly 4 year and 6 months. Since marriage we have never lived happy life until now as my husband is a secretive man, does not disclose anything about business or personal issues. There is physical violence in the relationship from the beginning. My parents and my sister have tried to explain him not to get physical but he says yes to them and in anger does what he has to do .Always we fight and at the end I have to cry everyday .I am sick and tired of his behavior and have no strength to fight back. He is into business and I don’t even know how much he earns till now. He is a stingy man and I have suffered a lot got fed up and left the house recently. Its been 2 months l left the house and living with my mother .I don’t have children yet.
Now he is making all efforts to get me back. He says that he will show his business to me and I can verify everything now as I did not do it earlier. Who can I take along with me to know that his business exists and not a fake one . He says he will take good care of me .Can I trust him? I need help of law to live with him in peace and to even plan for a child with such man. I have heard of Undertaking .Please can you explain me ? 
My fear is that he is a stubborn person and is he just doing all this to take me back. I don’t trust him .If I am giving him one last chance, it can be only by the FEAR of LAW for change in his behavior and respect wife. We both like each other but cos of his ego , anger and secretive attitude the relationship has come to an end. To save marriage what best can I do LEGALLY is my first question. Secondly I want to know what disadvantages are there for applying for a divorce once 5 years is crossed for woman. Since only 4.6 years is competed should I file for a divorce before I enter into 5th year of marriage?
Asked 6 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. If you want to instill fear of law in him then file a case of domestic violence to seek protection order against him that would restrain him from committing further acts of domestic violence on you. If he violates the protection order then he can be imprisoned on your solitary statement. 

2. The duration of marriage is immaterial to your rights. A petition for dissolution of marriage can be filed at anytime after the expiry of a year from the date of marriage.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) you can contact a marriage counsellor to save your marriage 

2) in the alternative call meeting of elders  of both families  and make efforts to resolve the dispute 

3)ask husband to give an undertaking in writing that he would not assault you physically and pay you X amount for running the household

4) if situation does not improve file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
5.0 on 5.0
There is no question about seeking divorce after 5 years or at 4.5 years.  If the compatibility issue persists and there is no chance for change in atmosphere or behavioral attitude or no possibilities of he ever changing or makes amends, then you have no other option than to dissolve the marriage by a decree of divorce lest you will be lamenting over the  situation and may not find a proper solution anytime to come out of teh crisis or nightmarish situation prevailing in your matrimonial life.
The petition for divorce can be filed after one year of marriage too.
If you dont have any more trust on him and if you strongly feel that he may not change you may file divorce case on the grounds of cruelty.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) only if gift deed is duly stamped and regd would gift deed be admissible in evidence and you would be joint owner of the property


2) there is no guarantee that after birth of child property  gift deed would be registered by your husband and MIL 

3) you can be non executive director but dont give any personal guarantee for any loan . dont sign any cheques on behalf of the company 


4)in case your husband commits breach of undertaking you can file case of 498A/ DV against him 
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
5.0 on 5.0
Now, My husband states that if I give a child in the marriage and he promises to register the Gift Deed. He has agreed even for Undertaking. How do I deal?

If your husband is reliable about the proposed agreement then you may give another chance to save your marriage.
As far as the plan about begetting a child in the reunion, you can can decide about how to resume the conjugal relationship in this regard or whether the option is feasible or not. 






Either accept it or don’t blame me later for not showing the company records .Can I go ahead with this proposal? What safety measures should I take as I don’t trust him after the Gift Deed incident?

You may give him a chance and ask him to execute a deed to make you a director to the company first or to change the company from sole proprietorship to a private limited company to facilitate your entry into the company as an executive director as promised by him. 
Simultaneously you may also ask him to execute the gift deed as agreed and get it registered in your favor which shall be a pre-condition for your reunion.








I want to get all things on Undertaking in writing - What is the procedure for "Undertaking" and what are the consequences for the breach of the same. I too want to save marriage.

Faith on each other is the essence of an undertaking.  If he breaches the condition of the undertaking you may decide further course whether to continue with the proposed acts or not anymore.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. In so far as the property is concerned there is nothing you can do as the title vests in your mother-in-law. She alone can transfer the title.

2. It is your call to trust him or not. 

3. These undertakings that spouses give and take are not binding as they do not create any rights or liabilities.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
you should execute conditional gift deed, execution of gift deed will be depend upon happening of certain event or it may be revoked upon happening of certain event.

Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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