Harassed by wife unable to get divorce
sanjayauddy
(Querist) 10 November 2015
This query is : Resolved
Dear Experts,
I come to you with a lot of hope after searching a lot. Till now i have been misguided a lot and me and my family are in total distress. Facts of the case are as below:
1 - Got married in 2005. Wife started mentally and physically assaulting me after 3/4 months of our marriage. One day, about 5 months from our marriage she called my local relatives and her parents to my fathers place and accused me and my mother to have a physical relationship.
I was forced to leave home in 2007. Did a GD with local police station. I came back and started living with my wife again and again the same harassment started. Wife always gave threat of 498A against me and parents.
2 - 2005-2006 we stayed with my parents and due to mental torture moved with wife in 2006 to Kolkata in rent. She use to repeatedly leave home(where we used to stay together) for her parents place and from there threatened to file 498A. and commit suicide.
3 - Since 2006 till 2009 suffered lot of mental and physical torture but was afraid to file any official complaint. We took her to a psychiatrist and she stated that she is suffering delusional disorder with severe aggressive outburst. Tried a lot to manage with wife but it did not work. Wife left with daughter in 2009.
4 - Wife kept threatening us on phone.
5 - Current status - Wife filed for 125 for alimony. Pending court order.
6 - We filed for divorce, wife filed for Misc case under section 24 which court order a sum. Wife is working in govt primary school. Still court ordered money for her and child. We challenged the same in high court. Challenge is pending in high court.
Now we have visited a number of lawyers and are completely clueless. Some say that untill you get the stay order for the order of section 24, pay all the dues to wife so this will start the matsuit.
One suggested us to withdraw the Mat suit which is filed at wife fathers place (far away from where I stay..travel time 6/7 hours one way) and then refile the same in Kolkata and the lawyer will ensure that wife is not able to transfer the case back to her father place.
We are completely clueless what should we do.
Please can anyone help us and be an angel to us and guide us.
With anticipation and lot of hope,
Sanjay
SAINATH DEVALLA
(Expert) 10 November 2015
Though a govt teacher,if her salary is less than 1/3rd of UR income U are bound to pay her maintenance.
If the reasons for her behaviour could be known,then there could a proper suggestion.
sanjayauddy
(Querist) 10 November 2015
The reason for this behavior are these, as i understood:
- she used to demand jewelry which i could not afford all the time.
- her opinion should always be given priority.
- i cannot keep in touch with my parents because, as per her opinion, my parents has taken all my money. Which is not true.
- she used to get fits of anger as i was not able to maintain her in the way all her friends husband used to maintain there wife.
- as per her, at the time of her marriage she got the job as primary teacher (we did not see any proof of that and believed her word). She, for reasons not known to us, did not take the job and later blamed us for not been able to take the job. for this, she regularly demanded money as her salary, every month from me. Which i could not provide always.
- being the only child, i was close to my parents. she blamed that i had physical relationship with my mother and always pick that during our fight.
All these were reasons that she sighted during her fits of anger.
SAINATH DEVALLA
(Expert) 10 November 2015
I neither support U or her for the happenings in UR marital life,which are minute in nature and not fit for a separation.Everything can be repaired but with patience only.The wife comes from an entirely different atmosphere and it is the duty of the husband to take care of her.proper counselling and mediation by a good psychiatrist can be useful.I am not suggesting legal remedies at this stage.
Rajendra K Goyal
(Expert) 10 November 2015
If you hope result in court cases, it is time and cost consuming.
Try to get stay from High Court for payment.
Filing case at your place may force her to have amicable settlement.
sanjayauddy
(Querist) 10 November 2015
Dear Mr Rajendra,
Thanks for the response. My question to your point 2 (filling case...).
The divorce case is filed at her native place. Is it now possible to have it withdrawn and refile the same at my place or is it possible to get it transferred on some ground.
please can you advice.
sanjayauddy
(Querist) 10 November 2015
Need help to find if I can transfer the divorce case to my native place.
Anupam Lahiri
(Expert) 11 November 2015
Dear Sanjay,
The problem of matrimonial case is that the Courts generally become very reluctant to transfer a divorce case from the court within the jurisdiction of your wife's residence to that of yours. Strong ground has to be there.
Secondly, withdrawing a case for filing the same afresh is barred.
Here the problem in which you are involved is a strange one. The divorce petition may not be the appropriate solution. Try some solution which would keep the marriage tie in tact.
sanjayauddy
(Querist) 14 November 2015
Dear all...thank you for all ur assistance. I have recently got a job in Hyderabad. If I take this job it will be very difficult for me to travel from Hyderabad to my wife native place wher she has filled 125 and where I have filed the mat suit for divorce. Her native place 6 hours by train from kolkata
My question is can I transfer the 125 and mat suit to kolkata which will be mid way for me to travel from Hyderabad.
Please can anyone advice. If so, what is the process and document that I need to provide.
