Divorce possibilities
Guest
(Querist) 04 March 2015
This query is : Resolved
We are married for the last 3.5 years. Aged 39 and 36. We have a daughter aged 2 years 3 months.
Wife is not staying with me for the last 7 months. she left my house without any reason. Now last month she have filed a petition with woman's commission, they called for a hearing, but she did not come. 90% false allegations. Now, I just want to understand what are the possibilities of getting divorce. There were many cheating in the marriage. The girls family told that she have a government job but that was a fake promise. They offered gold worth 8 lakh but that gold was kept in her sisters locker who is in USA and now they say, I have taken that. I have the locker key.
She was not interested in getting married, she was not interested in sex too. We never had sex after confirming her pregnancy.
So please advice me whether it is possible to get a divorce, if so, how much time it would take. Will I have to give any maintenance to her. I am a freelancer and do not have a regular income, do not have any property.
Advocate M.Bhadra
(Expert) 04 March 2015
Try to file a Divorce Suit by mutual consent because it is shortest and easy way. Failing which you can file a Divorce Suit on contest after one year from the date of separation on cruelty ground.But you have to prove all allegation. Please note that your wife may counter to file a criminal case u/sec.498a IPC and also a maintenance case against you.
Guest
(Querist) 04 March 2015
Thanks Adv. M. Bhadra, 498a is for dowry harassment. They have offered gold and they kept in their locker. And the locker key is with me. I can prove in the court that I did not take that gold. Then what is the ground for 498a. Secondly, maintenance, she was a nurse and resigned. I do not have a permanent job. In that case, what maintenance I am liable to pay
P. Venu
(Expert) 05 March 2015
The facts disclosed do not amount to cheating in marriage. It appears that you had been pestering her on these issues and that could be her reason for leaving you.
Anirudh
(Expert) 05 March 2015
Whether you have a job or not is not a ground for denying payment of maintenance to the wife. You have the key of the locker with you. Are you authorized to operate the same? Did you really operate (I am not questioning whether you took away the gold. I am simply asking whether you ever independently operated the locker?)
Devajyoti Barman
(Expert) 05 March 2015
I find no cogent reason for you to aoly for divorce. Rather patch up with your wife and bury all the hatchet.
Guest
(Querist) 05 March 2015
Thanks P. Venu, Saying she has a government job is not cheating? Keeping the gold in her sisters locker who is a US citizen without informing me is not a cheating? This is the problem here, law and people are always with ladies. That encourage them to file false cases
Guest
(Querist) 05 March 2015
Thanks Anirudh, The locker is not in my name, how can I operate it? Secondly, what grounds court will look at when they approve maintenance. Without any job, how can I give maintenance? I have limited income and I have to look after my mother too. I cannot afford the luxury life.
Guest
(Querist) 05 March 2015
Thanks Devajyoti, I do understand there is nothing between us. She is ready to live with me, the main problem is her brothers, one is already divorced another's wife is not at home. She had some ornaments and that is with her brother who got divorced. He said to one of my friends that I will not allow them to live together. What to do? she will not come without their permission
R.K Nanda
(Expert) 05 March 2015
nothing to add.
Rajendra K Goyal
(Expert) 05 March 2015
Even they have not given Gold or promised, 498A and DV cases may be filed. You have to defend yourself in such case. Either you have to take bail after arrest or Anticipatory Bail. You have to prove your innocence in the court.
You may be earning regularly or not, you can not escape liability of maintenance to her any daughter specifically.
Devajyoti Barman
(Expert) 05 March 2015
Have patience and make continuous talk with your wife. it will pay dividends. Have patience and more patience.
Guest
(Querist) 05 March 2015
thank you all... but my question is not answered
T. Kalaiselvan, Advocate
(Expert) 08 March 2015
If what you say that you never had conjugal relationship and not cohabited with her after the pregnant was confirmed, that will become a ground for divorce, i.e., non cohabitation for a period of two years or more and additionally you can add the trivial issues that you have narrated here. However look for room to patch the differences if there any chance for that even now.
