Eligible for filing contested divorce on cruelty
Hi Law Guru,
we married at 4 Nov, 2006 and a girl child born on 10 march, 2009 and now recently we blessed with second girl child born on 11 sep, 2014, my wife stayed at her parent's house (Ambala, Haryana) since Aug, 2014 and also had delivery at her parent’s house and after delivery, now she started job too and denied to stay with me at Delhi (me & my wife have a separate Ration card of Delhi, my parents not included). Few people told me that min. 1 yrs. separation is required between Husband and wife before filling a divorce. So please advise, can i eligible to apply for a divorce petition (contested)? Also, she threatened me that she will put all allegations/cases (498a) against me and my parents to make our life hell, so what all i can do in advance to avoid any worse situation? She also said, that she will not provide me divorce at any cost, does this mean, even if I’m eligible as per law’s divorce’s ground(cruelty), still Court cannot grant divorce decree until/unless my wife is not willing?
Below is the details to understand the situation better:-
Husband (me) working in Delhi as a software engineer. We are three brother. One elder and one is younger to me. Husband's parent's house is in Ambala and Wife's parents’ house in also in Ambala at a distance of 2 Km form her in laws house.
Joint Family :- My younger brother(unmarried) and my father (widower).
Other information:- One elder brother stay separately with his wife with one child in Ambala.
Reason for Divorce- Cruelty and desertion by Wife:-
She (wife) insisted on living separately from the joint family of Husband. Even, husband and wife was staying separately, but she and her father insist many times verbally in person to take the part from your father (Family’s property/assets) and start separately from joint family. Stop talking part in any family functions/customs/rituals/get-together/advices.
She pressuring husband to leave his parents’ home(Ambala), insisting for the separate residence with in Ambala, mentally torture and disrespectful behaviour towards husband and in-laws as well.
During her stay in the house, she not only used to insult the Husband but also the elder members of the family. She used to quarrel with the Husband and the other members of her family using filthy and dirty language. She had a rooted aversion towards the parents of her Husband and used to insult them without any reason.
She was in habit of going out of the house without taking permission of Husband or members of the family and this became her habit and any protest against her such conduct would result in severe atmosphere in the house.
On daily basis, she used to go to her parent's house (Ambala) without making arrangement for the Husband's basic and minimum requirement of food, cooking and tiffin etc. and the Husband had to arrange those of his own and there were occasions, when the husband had to go to his office (Delhi) without food and took lunch in a hotel in his office-locality. During her stay at husband's house in Ambala, Also, she denied to cook food for her husband's Parents and only cook for herself. She only came late in night and leave early @ 8 AM and came not less than 8 PM in night.
At very few occasion (only in early days of marriage), where she prepared tea for a guest but after few weeks of marriage, then she started denying straight forward and said that, “either Guest is belong to Husband Or Husband’s parents’ family, so she is not interested and refuses to attend or talk to them to prepare tea for the husband’s friends, relative and any husband's guest or welcome them at all in house.
At the time of negotiation of the marriage between the parties. As my father strongly against the dowry system, so he always wished not to take anything as a part of Dowry at the time of marriage.
We’ve not take anything as dowry and such attitude was appreciated by the members of my wife's family. But now, my wife's threatened many times that she will put 498a case and put all similar other cases (women) for us and too keep us in jail as there is no bail against 498s.