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pankaj   22 March 2018

Wife threatening me that she will destroy my family

Dear sir, My name is Pankaj Kumar. I got married to Nisha garg on 2015.After married I relise that she marry me just for my father's property and day by day her cruelty was gone to that point when I can not tolerate her any more.I told her that I cannot live with her any more and I want separation.After hear that she continuously threatening me that she will destroy my family and etc etc... Now she also threat me if my family cannot full-fill her demands she will put us in jail. Currently from last 6 months we both are leaving in a rented house while my parents are leaving saperately. Now My question are. 1) Can i file for divorce while she leaves with me? 2) She has refused to leave the home what should i do?



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 9 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 March 2018

Hello,

You can cal me at 9456777600.

Deepak 

Vijay Raj Mahajan (Advocate)     22 March 2018

Try to workout the marriage if that doesn't happen, workout for divorce by mutual consent with her and if that's not working out than wait for right opportunity and sufficient evidence of cruelty committed by you wife on you that can be ground for divorce. Living under the same roof doesn't always mean living in husband and wife relationship.

pankaj   22 March 2018

I know it will not work now as she already put false allegation on my Mothe/Father/Brother.Now she is with me only for money. That is the reason i left my fathers house and living on rented house with her. but now she threatening me that she will destroy my family.

Can i file for divorce(Cruality basis) while living under same roof. (I have enough evidance)

TGK REDDI   22 March 2018

1. You can.

2. You must provide a shelter for her.      This's not enough.    You must immediately take judicial separation which is easier and speedier than divorce.

After obtaining judicial separation, you mustn't be complacent.     Try hard for divorce.

And now my opinion.      Your wife is not peculiar.    Many women behave so.     Not only because of gender-biased laws but also because of the sympathy they undeservedly get from men and women.

Weaker s*x is stronger than men.     

Stree buddhihi pralayantakaha.

Shama ka kaam hai jalana; parvaane ka kaam hai jalna.     Yehi ishq ka hai dastoor.

Women are coquettish from times immemorial.

Man never gets sympathy from men.    Only rarely woman pities man.

 

Kumar Doab (FIN)     22 March 2018

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     22 March 2018

Wife has NO forced share in Parents in Law’s self acquired property.

Wife has NO forced share in Husband’s self acquired property.

Wife is NO Co-parcener in Husband’s ancestral property.

Husband can dispose his self acquired/share in parental-ancestral property in his life by a valid/registered deed anyone’s favor e.g; WILL (preferably registered)/gift/sale etc …..

Kumar Doab (FIN)     22 March 2018

IT shall be better to crease the differences with intervention of elders of families, neutral well wishers, mediators and save the marriage and avoid litigation…

If IT is not possible spouses should prefer to end troubled wedlock by MCD…

Litigation can be stressful, protracted and IT is not necessary that court may grant divorce…

Wife has right to reside with husband. Husband is under obligation to provide residence to wife..

If any spouse (husband/wife) threatens other spouse and/or indulges in instances of cruelty then the spouse should gather irrefutable evidence to establish valid grounds for divorce…

IT may be futile to approach court without evidence and empty handed…as court may not be convinced..

Jayanti Maitra   23 March 2018

All male readers suffering from the simlar problem may take the in itiative to advise other male aquintances who are planning to get married the following.

1. Do due diligence to learn about the nature of the potential match ( through relatives, college friends, employer, private detectives etc.) before making the final decision. Do not take any thing for granted based on your own benign experence. 

2. Keep at least 6 months to 1 year gap between the date of engagement and actual marriage to get a glimpse of the girl's nature and behaviural issues/problems, if any.   You must have an original copy of marriage registration certificate which your Father in Law would try to avoid giving you. 

3. Remember there is no ideal girl in this world. You only try to avoid marrying those girls with serious mental problems. It is very difficult to prove mental illness to any one and in the court of law as there is always a split (good and bas) behaviors.  


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