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Shilpa (traitor)     13 February 2014

Divorce by mutual

8months after my marriage I am living with my parents for last 1 year.
This separation is a result of man handling for money.
I was tortured for money by him and his parents.They were demanding my whole salary, when i refused to give all my money, he handled me. They abused my parrents.
 

I just want to get rid of this relationship and so tried to get divorce by Mutual consent.But the Guy is not ready for Mutual too inspite of me trying to get it ended smoothly rather than going in legal way of dowry harrasment.

If i want to end this marriage and dont want to go back to his house,can court still grant divorce though the guy doesnt agree for mutual?

Can i try to get divorce on basis of mental torture?



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 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 February 2014

It will be better if you consult some lawyer with detailed facts so that the available grounds can be assessed after studying all the facts and circumstances. You may then file for divorce on the ground of cruelty if MCD is not possible.

Chellapandian (Legal Consultant)     13 February 2014

Mrs Shilpa,

Sorry to say this.

The immediate feel i got on reading your issue is that  it would have evolved just because of misunderstanding and communication gap between you and  your husband. you don't have any bad feeling about your husband other than the fact that he has man handled you.

 

The very intention of Family Laws in India is to protect the interest of any "Family Institution".

In your case  is there any possibility for reconciliation?

if yes

Please establish communication with your husband.

One main reason for most of the marital dispute  is "letting someone in between" a husband and wife.

Don't let anyone in between you and him (not even your parents or his parents- please don't misinterpret here - husband and wife relationship is very special and important for any married men and women since it will decide your rest of  life.) , talk face to face and one to one.

If not

Mutual consent  is a good option. But in your case you need to have someone to interface between you and your husband family in order to convince both sides to go in for mutual agreement to get divorce.

My suggestion would be to engage an understanding advocate and take things from there.

As for us the family cases are concern, result oriented approach is very important.

 

Thanks,

Chellapandian k

Advocate 

HighCourt ,Chennai.

 

 

1 Like

aap (manager)     13 February 2014

Sir could u please tell 13b mcd process is mediation necessary before 2nd motion, and time between 1st and 2nd motion

DV Act Buster (CEO)     13 February 2014

@Shilpa......try to settle amicably....maybe your husband needs part of your salary for your combined family expenses. Sometimes, it's better to go thru a difficult phase of financial hardship than call off your marriage entirely......weigh your options sensibly because you may end up in a worse situation after divorcing your husband. Also, it will not be easy if the divorce is contested as you will end up spending much much more in courts and lawyers and also lose very valuable time of your life running from court to court....

Go for divorce only if nothing else works to reconcile with husband..many gender biased laws exist to help the women such as 498a, DV, etc but they rarely help the women in long term except probably fetch you a right to residence or some basic maintenance....

Samir N (General Queries) (Business)     14 February 2014

if your husband is after your money, for WHATEVER reason, drop him like a hot potato and move on with your life. Any man who is after his wife's monies ought to wear bangles and a saree. That's my personal opinion. 

1 Like

(Guest)

Sorry to say samir, your opinion is in bad state. Don't generalize and don't stereotype too. I would rather go with Chellapandian, a very sound advice indeed.

1 Like

(Guest)

@Author

 

The best way to win someone is by giving up your own ego. You have to understand the psychology of these souls and you can try a bit as a last resort. I appreciate you for not choosing the harassment way, that's a very bold step from you but being an educated woman you should use your intellectual skills to mould your husband.

 

Its not that difficult to give your husband a sense of companionship, togetherness and its not a bad idea either. Its his insecurity that's playing on his mind to act cheap with you. In-order to counter him, you can very well sacrifice a 6month salary, give it to him entirely, make him realize that it's all his and his mistake in not trusting you. You can give a try, there is nothing great about divorce. 2nd is always second, a used, tried and a failed piece. Don't you believe that divorce happen for a reason? So how can you be sure that your second H would be great?

I would suggest, give it a try and if it doesn't work then you can anyway quit the game.

 

I just suggested you as an elder brother, finally its upto you to decide. Money is not bigger than people. He may not be such a bad person to die for wife's money. I believe no man really is. Its just their ego that they can not control. You control it by giving up your ego. Good Luck.

   

1 Like

Samir N (General Queries) (Business)     14 February 2014

@stalker. May be my words were harsh and yes there are situations where a man is caught with monetary needs such as family member's health/illness/accident and then he must explore all possibilities. Yes, going to the wife for money may be justified in such situations.  However, any man, no matter how poor, who marries a woman because she is earning and will contribute to the family's monetary needs is a loser in my opinion.  Such men have no right to marry in the first place. I know it happens all the time but it should not. On the other hand, women are also known to make false allegations on men for demanding monies. I am referring here only to genuine cases of a man putting monetary burdens on his wife.

1 Like

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     14 February 2014

Well being a woman you have many routes to legally end your marriage, just get a good advocate and calmly  take regular steps in court.

unfortunate victim (owner)     14 February 2014

I agree with stalker.


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