Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bharat (AX Tech Consultant)     22 August 2017

Wife asking me to file divorce for no reason

Hello Sir, I am tamil brahmin native of chennai currently residing in hyderabad.I have been married with a girl on Nov 06 2016. on the first night, she told me that she was forced into the marriage by her parents and do not wish to maintain any relationship with me. I try to console her and will try to improve the relationship over the future. But her opinions did not change and I had to involve her parent and my parents by Feb 2017. Around the same time, she fled into a hostel near by and is living there since. SHe is not ready to speak to neither to me not to any body in my family and is demanding a divorce. However she is telling me to initiate the process which I do not want to as I never wanted to end the relationship at all. Now their family has started to pressurise me to file divorce. I want to understand, what could be my stand in this case and how to proceed further. What are all the options available to me.


Learning

 5 Replies

KS Johal   22 August 2017

It is clear that she does not want to live with you and she has told you that she was forced into the marriage by her parents. You also tried your best from November 2016 until February 2017 without any positive results. You have also stated that she has left you and started to live in a nearby hostel. You are also aware that she is not ready to talk to you or any member of your family with regards to this matter. You have also stated that you do not wish to end the relationship with her. Firstly I must ask you what is it that keeps you attached to her? At the same time she does not wish to be with you, and she has proven that she is prepared to stay away from you. Why is it that she is asking you to file for divorce? I am sure you are aware why she is asking you to file for divorce. Returning to your question what are your options? I believe there are not very many options left since you are not able to forcefully keep someone who does not wish to stay with you. If you believe sincerely that she was forced to get married to you. Is there any evidence that she wanted to marry someone else or was in a relationship prior to yourself? That is a possibility, on the other hand, maybe she does not want to stay with you, because you are not able to satisfy all her needs. I believe your options are Limited. You need to reflect upon yourself and find out why she wants the divorce? Only then you will find a true option.

(Guest)

move on and give out a divorce. no lawyer can help out in any divorce case ven if of the party is NOT AT ALL WILLING, as i understand from your case.

 

Adv Radhika Mehta (Advocate)     22 August 2017

You can a file a Petition for declaring the marriage null and void on the ground of fraud and misrepresentation, which might be difficult to prove unless and until you have proof that your wife was involved in a relationship prior to marriage which is continuing till date, or on the ground of relative impotency of your wife towards you.  I und from your descriptttion hereinabove that your case does not attract these provisions but at the same time what happened with you was wrong. 

Alternatively, you can file a case for Divorce on the ground of cruelty post November, 2017. The reason that your wife is insisting on you filing a Divorce Petition may be because of parental pressure.  Quite possible that no one on your wife's family may be supporting her so not to anger them any further, she is asking you to file so it will be easier for her family to save their face in society.  Why dont you openly and freely communicate with your wife? 

bharat (AX Tech Consultant)     23 August 2017

Hello Sir,

My initial approach to the issue was to resolve amicably within ourselves. Her being, out of chennai for the first time after marriage I wanted to give some cooling off period to understnad the realities of life and adjust to the lifestyle of Hyderabad. But that does not seemed to work even after 3 months our stay together in the city. Even for most of this time either of our parents were here to support her to this cause.

Regarding the query that if she was involved in any relationship before marriage, I dont have much idea about it as we never discussed on this. She never allowed me to access her phone and laptop. She also did not provide any access to her social media content as well. With very less or ethinically no communication between us, there is no way I could find if she was involved with any other person.

Regarding the point of parental pressure, I have a small evidence of her conversation with her parents that she agreed to them to wait for three months after marriage and before quitting. Do not know if that will suffice.

I tried to reach her several times over phone but she has blocked me in social media and on phone. I do not know her whereabouts in the city as well. She has clearly stated that she does not wish to meet me or any of my family members during our last meet way back in February. Since then, there is no direct communication between her and our family. We tried our best to bring together the family members of our families together in chennai and talk the way out. But she never responded to our request and never came to chennai atleast for discussions.

In relation to the query that her needs were not satisfied, I would like to clarify that, I have rented out an house very close by to both of our offices in hyderabad and furnished it out of my pockets completley. Even in marriage we tried to take part in every expenses. Emotional and physical needs can only be satisfied if the opposite person reciprocates. Ours is an arranged marriage, so we did not have affection towards each other at the start , it had to be developed over the years, but she shattered all my feeling on the first night of our marraige.

Please suggest what are the legal options available to me and what kind of evidences would be need from our end to support our cause.

Adv Radhika Mehta (Advocate)     23 August 2017

Given your wife's suspicious conduct, it is quite possible that she may be involved with someone.  Have you considered hiring a detective to trace her? 

The legal options available to you have already been elaborated hereinabove by me i.e. either filing a null and void Petition or a Petition for Divorce on the ground of cruelty after November, 2017. Alternatively, if you want to save your marriage, you can also file a Petition for Restitution of Conjugal rights. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register