Can husband get divorce on basis of restitution of conjugal right
We got married Mar, 2013. My (33) wife (30) is pursuing PhD in Calcutta University after completing her double MA on history. This was an arrange marriage where my parents and she belongs to same Guru’s disciple. From a daily news paper my parents found this add in matrimony column and within a couple of months we got married. She has an elder brother and retired school teacher father and house wife mother.
Just before 3-4 days of our marriage we come to know that her brother use to stay with his wife and 5 years old son in his wife’s parental home as her father denied their marriage 6 years before. Still we progress as everything was set up and cards are also distributed.
After marriage when we went to honeymoon, she use to say that she doesn’t like to have family or child as she likes to roam free or to live like religious community woman. I thought that time will heel all this but I was wrong. In first few months she use to lead conjugal life but I felt that she doesn’t like so much. Afterwards, this has been stopped permanently as I feel that she doesn’t like this. She use to complain that due to TV serials, she can’t continue her study. My parents, both are old, retired (Father) and have nothing to do in general other than “Puja-Path” and watching serial in my 2BHK flat (bought on 2011, EMI running), but they reduced to watch TV because of her. After that she uses to do complain about food habits and other small small things. After 7 months, in Oct, 20113, she went to her parental house for preparing NET exam. This was the start. After that she came on just few days before our marriage anniversary and again went her parental home as her excuse was my home is not proper for her study and her father use to support this. Days goes and she came only twice to collect her ornaments between Mar 2014 to Oct 2014.
Several times I called her to stay with us and my parents also, but the excuses are same from their side as she needs to prepare and attend NET exam, so she couldn’t come to her in law’s house and her family use to support the same. On Nov’14, I tried to make this thing settle by went to her parental house and ask her for a vacation to Sikkim for a week. Her father denied strongly as this would hamper her study. But one of their neighbour and family friend get into this matter and made her father agree on this. We went to Sikkim, the days were awesome but we never lead a conjugal life during this period as she doesn’t like. I had tried but she denied and I never forced her.
We returned back to our home on Saturday and the very next Sunday, she went to her parental house. That was 18th Oct, 2014. Since then she never come to our house.
We met outside twice and I tried my level best to make her understand, but she doesn’t ready to come to my house. Her one of the prime concern is my parents specially my mother. Along with that she doesn’t like as I am spending money for them by taking them to restaurant and vacations. Along with that she wants me to stay with her as her elder brother is doing. She used to start cursing to my parents.
I stopped to meet her, and now our parents started taking over phone. Her father uses to curse my mom in every call and stated that before completion of her PhD, she will not come back to her in law’s house. If in the mean time she get any job, even it is outside the city or state, she will join as she is not there to serve her in law’s (NB: After marriage, as she is studding, My Mom kept a cook and a maid servant so that the house hold work should not hamper her study).
I asked for a mutual divorce directly to her, but she said that she will never give me divorce as she doesn’t want me to marry again, and if I force then she will demand a lum sum of about 20 – 30 lakh as she knows very well that I can’t afford that. She use to threat me with the statement that if she wants, she can go any time to police and complain under 498A but as she has a little respect to my parents , so she doesn’t want to do that. She can try to come back if I move to a different rented flat.
I am working in a private firm, bought a flat and giving EMI in every month. I have my parents, both 60+ years; I can’t leave them as this is my responsibility. She doesn’t give me divorce, and all my crucial days are getting passed with giving me mental pain.
Please suggest me how can I get rid of this complex situation? I do not want to live with her anymore or to continue this marriage along with that I can't give the lum-sum amount what she is expecting. She is pursuing PhD, so she is very well deserving candidate for any job. Please suggest me.
You valuable suggestions are highly solicited.
Regards,
Roy
Asked 8 years ago in Family Law
Religion: Hindu
First of all, thank you gentle men for all your valuable inputs. I’ll surely go for divorce on Oct’16 (2 years will be completed) & these will surly help me a lot to overcome this situation. There are few questions and doubts back in my head which I need to share with you and seeking for valuable inputs from your side.
1. Will a GD (general Diary) in local police station will help me in this case for evidence? I did one GD early in 2014 Sep.
2. What type of evidence will help me to proof that she is not in her in laws house since Oct’14? And how I can proof that she has abundant me for last 2 years as she might deny or can put allegation on my parents or on me on the ground of mental torture.
3. If she comes before Oct’16, then what will be our steps as I’m pretty much sure that they are also in touch with an Advocate? How can I stop her to come to her in laws house as I do not want to continue this nonsense relationship?
4. Will they ask for any interim compensation during the period of the divorce process?
5. Before filling the divorce, what are the points which I need to take care?
6. If I file a divorce petition before 2 years ( currently 4 months left to complete 2 years), then will that be a week zone for me?
Asked 8 years ago