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CSS0255100 (Engineer)     04 November 2012

Wife wants divorce

Hi Experts,

I am a engineer , with a good academic career. I got married in late 2006. We have no kids, the fact which is known to both of us. We had hardly any or say no physical relationship .

I gave her full freedom, never asked about the salary where she spends, what she does, encouraged her to go for higher studies. Always tried to keep her happy , met her demands to the far extent possible. Everything was okie till march this year.

My wife underwent her second operation 4 years back wherein the Dr, clearly stated that she cannot carry a baby by any means (Natural ,test tube). I and my family accepted the same and never complained about the same to her nor to her family till date. Dr even told her not to tell the same to her husband or her family. However to her luck, myself and my mother had accompanied her to Dr.

In march her mother again took her to another hospital wherein Dr said the same thing, in fact Dr told further that the defect was right from her birth and if Medical would have been as advance as today probably she would not seen the day. That the time when thr trouble started.

In july her sisters took her to her parents place stating that they will send her back in 20 days, however 4 months have passed by and she says she will not return back. She is insisting that I shoudld give her divorce as she does not love me any more and she want me out of her life.

She is citing following reasons for the same.

a. She cannot be a mother. She says I never prepared her mentally to accept the same. She told my mother that I should leave her and get married again to have a kid something which is not acceptable to me nor to my family.

b. After her marraige, her parents are staying alone. (They have 3 daughters all are married). She cares for her mother as she is not keeping well. She states that instead of spending all life with me, she would better take care of her parents.

c. She says that I did not support her whenever there were argument at home and that I always remained neutral. I did not take anybody's side. (Nor her nor my parents)

d. We used to always ask her to start taking responsibility at home as she likes to freak out most and avoid taking any responsibility. But she always refused. now she claims that She was just asked to take house hold responsibility, however financial matter was never given in her hand. (In fact her father had strongly recomended not to give financial issues in her hand).

e. She argues that she used to do all the house work and then go to office, still no one supported her. She feels that she was treated like a household worker.

I tried to convince her. Went to her parents place 2 times. I went with my father also to get her back. I even tried get a mediator who can mend the way, but she is adamant on her decision.

Her parents are also not forthcoming, I tried to call them up 5 - 6 times, but they say if their daughter is not ready to come back, they cannot help further. Her mother and 2 sisters have a big influence on her who are also thingking on the same line as herself.

I tried to take the other route asked her if she wants divorce then let me khow where I should sign, but she has to initiate the divorce proceeding.
However she is not ready for the same also. She wants we to take the first step and file for divorce (as per her wish).


I am deeply hurt by the same, however I want to continue this relation. There are a couple of things that are crossing my mind considering that she wants me to file for divorce first:
I suspect she wants me to take the first step so that she can prove I was the one who wanted divorce and they she can claim for monetary funds interms of maintenance. (She has started working again from last 2 months)

a. Can I file a FIR/NC stating that my wife has gone to her parents place for 20 days and has not returned back since then.

b. Should I file and RCR in court. Will it really help me. Can she still go for divorce claim.

c. Should I file for divorce as per her wish. However I do not have any ground for seeking the same.


Please help me.
thanks



Learning

 8 Replies

Shantanu Wavhal (Worker)     04 November 2012

as she wants divorce, go for MCD.

vijay (M)     05 November 2012

If she wants divorce, give her divorce MCD  ASAP.  All the stories being told by her are only stories only to justify herself.  But what if one partner is intent on divorce, there is no way it will continue.

stanley (Freedom)     05 November 2012

Agree with the above MCD is fast  rather than fighting for years in court to obtain divorce , where in you het drained out financially and time is wasted attending court dates  . 

1 Like

Rahul Kapoor (Legal Enthusiast)     05 November 2012

 

a. Can I file a FIR/NC stating that my wife has gone to her parents place for 20 days and has not returned back since then.

Ans. ya inform to police that she left your house on her own.

b. Should I file and RCR in court. Will it really help me. Can she still go for divorce claim.

Ans.RCR is a useless remedy. ya if co habitation fails then she can go for divorce and ur case weakens.

c. Should I file for divorce as per her wish. However I do not have any ground for seeking the same.

Ans. If u r ready for divorce then go for mutual consent divorce. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2012

Sit across and discuss, don't file any cases/ complaints.

 

Cases brings mistrust. Even if you have to end it, end it by Mutual Consent.

 

Regards,

 


Shonee Kapoor

1 Like

Chetan Joshi (Advisory/Advocacy)     05 November 2012

I will go with Mr. Kapoor's advise...

rajesh (asdadad)     07 November 2012

my story is sumwat similar to this guys story wid few differences such as she wanted me to leave my parents n tk care of her parents . She is highly career oriented and 4 tht she aborted our 1st child. And divorce has been filed by her and i hv 2 sign it to protect myself n my family frm false cases . Check my other posts

CSS0255100 (Engineer)     16 November 2012

Thank u all.

My wife is not ready to talk to me, she is not receiving any of my phone calls.

Her family are demanding that I should retrun back their marriage expenses (I do not know the figure) and her ornaments and give her divorce. They are asking me why i am not filing for divorce, whether I am afraid for Aleminy.

Should I go for RCR in such scenario.

I presume I cannot file for divorce as we are seperated for just 5 months.


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