Divorce on grounds of mental cruelty
Krishna
(Querist) 28 July 2015
This query is : Resolved
Hello,
I am in a very difficult predicament. The following are the facts pertaining to my current situation.
I got married on 26th January, 2015 to my wife after our engagement on 10th March,2014.
Since she is was studying in Pune and I am working in Bangalore we are not staying together.
We only stayed together for the first two weeks of our marriage during which she denied s*x without giving any reason( note that the marriage was consummated however soon after first week of marriage she started denying s*x) She also does not show any affection towards me.
I ignored this since she is young and probably needed time. However, when I visit her in college I see her show affection to one of her male classmates. When I confronted this to her along with her denial of physical relationship she got very aggressive and accused me of suspecting her of adultry. I have whatsapp conversations where I have said multiple times that I do not doubt her character but I am uneasy with how she confortable she is holding her friends hand. Can this whatsapp conversation be used as evidence in court.
When advice from parents did not work on her and on her insistence, we decided to go for professional counceling. The counseling started in April,2015. The counseling went on for awhile but was of no use. One fine day she decides to not to come for counceling eventhough the couselor said that she has behavioural problems that require intensive counselling.
Now her father has informed me that she does not want to work on the marriage till her studies are over in Feb,2016 and she wants to focus on her studies. Till then she does not want any contact from me. Her father said I can call her once in 2 weeks provided I do not discuss our marital problems. I have recorded this conversation. Can the recording be used as evidence?
What are my legal options now? I have done everything in my power to make this marriage work. But it is futile since she or her family show no interest in putting effort to fixing this marriage. My father underwent a renal transpant in July,2014 and I am worried about this situation affecting his recovery. I have made up by mind to leave her as my family and I are undergoing mental torture. Is this enough grounds for divorce to be granted.
I am willing to wait till Feb,2014 and convince her for divorce by mutual consent but I am skeptical about her agreeing to it. I would like to know my other options.
I am also worried of them falsely filing a domestic violence case. Can I contest this by using whatsapp message in which there is not a single mention of any abuse as proof? Also we have only lived together for 2 weeks and she visited me over two weekends in Bangalore.
Kindly advice.
Rajendra K Goyal
(Expert) 28 July 2015
If she does not want to live with you, both can explore the possibility of filing Mutual Consent divorce after one year of the marriage.
Contested divorce is associated with complicated situation and multiple cases including criminal from their side.
If any case is filed by them, defend yourself. Immediately consult local lawyer.
Laxmi Kant Joshi
(Expert) 28 July 2015
You can file mcd or contested divorce after completion of one year of your marriage, in between if you want to live with her then you can put pressure upon them from your common relatives, elders, middle man etc if didn't want to live with her then go on collecting evidences against her, record all their calls, emails, whattsup, sms etc they all will used as an evidence of cruelty upon you and a valid ground for divorce .
P. Venu
(Expert) 29 July 2015
It is advisable to wait till her studies are completed.
As the husband, it your responsibility to take care of her studies, not her father.
Krishna
(Querist) 29 July 2015
Thanks all for your advice.
@P.Venu: I am not sure what you mean by your comment? In no way am I opposed to her studying. The issue is her father asking me to cut ties with her till her studies are over. Just as I am balancing my professional life with my personal life, she should do the same. This is the bare minimum one can expect from a marriage.
Santosh Goswami,Advocate
(Expert) 29 July 2015
The question is not about giving her more time but basically its about how much significance she attaches to marriage. From her conduct and language of her father, it seems that everything is not fine with them. You should start by serving a legal notice first calling upon her to behave as a legally wedded wife and wait for the reply. It can reflect their intention. The proof you have are admissible in court as evidence.Keeping in view her duration of stay with you, I don't think that any criminal case will sustain against you.
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Dr J C Vashista
(Expert) 01 August 2015
What is the opinion and advise of your lawyer?
Guest
(Expert) 01 August 2015
Which date is correct:
(1) got married on 26th January, 2015
(2) but willing to wait till FEBRUARY, 2014 to convince her for divorce by mutual consent?
Is it necessary that she should join you in your marital home before completion of her studies? Can't you wait patiently till February 2016 and act upon the advice of your father-in-law that you can call her once in 2 weeks provided you do not discuss our marital problems?
Also what type of cruelty on her part you have felt actually, if she wants to focus on her studies and she does not want any contact from you till then?
Also, you have not mentioned about the opinion of your own lawyer on your problem.
SAINATH DEVALLA
(Expert) 01 August 2015
Forget about the evidences in UR possession.Concentrate on how to bring change in her.Don't investigate avenues to get rid of her which may lead U to neck deep legal hurdles,which would take years to conclude.I presume it was an arranged marriage,not just the girl but both the parents are also equally responsible for whatever has happened till now.Let both the houses sit together and solve the problem instead of spoiling the lives of two newly wedded couple.
U have given one side of the coin,it could be different on the other side,(taking into account the restrictionsimposed by UR FIL).
Biswanath Roy
(Expert) 02 August 2015
From the given facts it appears that you have completely misunderstood your wife and your ego caused this unpleasant situation. A student wife possess an idea that once she stoop over sex life her studies will be hampered. Besides, such wife always afraid of pregnancy. In arranged marriage husband and wife are quite unknown to each other and to know each other at least a year is needed, prior to that any hasty decision for divorce shall call peril. In college life boys and girls chat with each other and makes fun hence, to find out a bad meaning out of it or to bear any suspicion out of such free mixing will call unpleasant situation and shall be wholly wrong.
