Seeking divorce from wife
Dilip Chakraborty
(Querist) 02 August 2014
This query is : Resolved
Dear sir,
I am married for last 11 years with a girl from very poor family without any dowry. After marriage, I have come to know that she is very dubious nature and very jealous. There is no limit of her doubt. She even doubts me with my mother. It was started in the year 2004 and still continuing. After, she doubted me with my mother, I felt very disappointed and decided to file divorce petition. My mother is very sensitive and she has realized the matter. Due to this nature, my mother and father hate my wife tremendously. Their relationship becomes bitter and persisting till date. We have a daughter of 9 years old and my thinking for divorce cannot be materialized for my daughter. But matter is going worsen day by day. Now she started doubting with every female person whom I have very cordial relation alongwith her family and all of us are migrant from West Bengal. All of their family members love me because of my disability. I have separated from my parents and started leaving first floor of my house but I always take care of my parents as it is my duty not to isolate then. My wife is jealous why I take care of my parents. She uses to threaten me to spoil my social status by making complaint under Domestic Violence Act 2005 and will convict me and my parents. Even she demands huge amount as alimony like Rs. 20 lacs for seeking divorce. I have a small house with market value of Rs.20 lacs and a TATA Indigo car and against which I have lone worth Rs.10 lacs.
I was staying with a family and have very loving relationship with brother, sister-in-law (Bhabhi) and their little daughter. We had no blood relation but have very cordial relationship. She was my sister-in-law who matched my wife with me to help a very poor family. But that help turned a big blow for all of us when my wife doubts my relationship with Bhabhi immediately after our marriage.
I am B.Com from Calcutta University and have been leaving in Ludhiana for about 20 years and took extreme pain to be established my due to physical disability. I have an elder sister who is happily married and stay with her husband in Kolkata. I am physically disabled person with right hand amputation through wrist and have very limited income of Rs.30K per month and my EMI stands at Rs.13.5K against aforesaid loan. My father is running a little karyana shop at my home to run the maintenance of himself and my mother. My wife is not looking after my parents and she also does not take care of daughter who is studying in class V. I am now again studying MBA to enhance my career.
Her family is not having any social status as they are three sisters and one brother. Her mother left her father after having an illicit relationship with an outsider. Her father saw her mother in a compromising position with her paramour in the year 2003 at home and till that date she is staying with her paramour illegally. My wife is younger of all sisters and she is educated upto 7th standard. Her middle sister also had an extra-marital affair with another person after 17 years of her love marriage and became pregnant caused by her paramour. After knowing the fact, her husband expelled her from home and now she is staying with her paramour without having divorce from her husband. Her father is rickshaw-puller and her brother is a daily labour. Only her elder sister is good in nature. Now her characterless mother and sister are insisting my wife to file false complaint against me and my family under Domestic Violence Act 2005. Her sister is also insisting her to demand alimony of huge amount of Rs. 20 lacs and more else me to face conviction. I stopped talking with her after the incident when she suspected the beautiful mother-son relationship. Now, we have no physical relationship as she sleeps separately and even she laughs at my disability regularly. She quarrels with me and my parents almost every day and beats our daughter mercilessly for talking my parents. She regularly insists me to transfer my house property on her name and also asks me to bring her characterless mother with stay with her. She also asks m e to drive my parents out of my home. Even, our daughter does not love her mother and wants her mother to leave our home. Due to her such nature, I restrict myself from accompanying her at any event and any outings.
In such circumstances, I seek your professional advice as this may be a unique case of marital relationship which has never been concrete. Kindly note that I have not got registered my marriage as per law after realizing that she has dubious and jealous nature.
Devajyoti Barman
(Expert) 02 August 2014
You have 3 options-
1. To ignore her torturers and pass your days as it has been for the last so many years,
2.Be a man and o give her a big trashing so she mend her ways.
3. File a suit for dissolution of marriage.
I think you are likely to find third option more congenial for you.
ajay sethi
(Expert) 02 August 2014
file for divorce . it is the best option . also seek custody of your daughter
Dilip Chakraborty
(Querist) 02 August 2014
Dear sir,
For filing divorce, we need to be separated for at least two years but she is not willing to leave my home without daughter. If she will take my daughter with her, she will try to harass me every way. Is there any other option or ground to file divorce petition or any section file dissolution of marriage?
Arvind Singh Chauhan
(Expert) 02 August 2014
File divorce as suggested by seniors, on the ground of cruelty as all these action is cruelty. I hope court will distribute justice. As going through your story I don't see any ray of hope for future. Don't get disappointed face them, if you feel yourself helpless take the help of NGO's working for the benifit of disabled persons.
Rajendra K Goyal
(Expert) 02 August 2014
She has a right to stay in matrimonial house and maintenance. File divorce in the present situation. Agree with the experts.
Devajyoti Barman
(Expert) 02 August 2014
For divorce suit no separate residence is required. One of the spouses can file suit for divorce even if the other is residing under the same roof.
