Balachandar Rajaraman 31 October 2018

Divorce - wife behaves like phsycho.torturing & beating me & my mother.

Sir/Madam,
I am a Hindu & my wife is a Muslim we got married 7 years ago & salmonised at a Temple without Marriage registration.she had been as hindu after marriage.her name remains as Muslim name & she has not converted.Now we have 6 years & 3 years old boys..I have spent my money everything for the marriage, delivery of kids, hospital expenses, family expenses etc.. as my duty.But she is quarrelling with me always & saying not happy & nothing I have done for her.she is loving her parents only. She is torturing me by threatening & suddenly beating me with irrespectable words whenever we quarrel..she beaten my mother also twice & used vulgar words on me & on my mother too.she used knife & tried to attack me once.she was always asking divorce but I have waited 7 years for her behaviour change. But no improvement.she is not understandable & shouting loudly in front of everyone & beaten me in front of others.she is breaking my house hold things when she is angry. We shifted our house thrice bcoz of house owner asked us to vacate.so I decided to apply divorce.initially she agreed for mutual consent now she is refusing & still staying with me & saying it's my right. She is asking divorce & alimony some times. Now she is asking lump sum settlement & said I won't trust you.some time she is saying I don't want to keep the kids.every day she is torturing me.her parents will create problem and her father also beaten me once when he visited my house. I am afraid that they can be a life threat.now she is trying to convert my kids as Muslim & making me irritate. but kids birth are registered in Hindu names. she is not allowing my sister & parents to my home.

Kindly suggest how to apply for divorce as she is behaving like phsycho & refusing mutual consent?

is it possible to take custody of both the kids?

How much alimony I have to give as I am working in a Pvt company?

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9 Replies

TGK REDDI 31 October 2018

The situation you're in is, in my view, extremely grave. But it's quite common because people say, " Can't help."

Moving the Court is the best option before you. Apply for contested divorce the ground being cruelty.

Her cruelty can be easily proved.

Go ahead.

You've to wait for two years for having the second kid under your custody.

So many factors come into play while considering child custody.

Vijay Raj Mahajan (Advocate) 31 October 2018

Your wife Muslim and never converted to Hindu religion before the Hindu Marriage with you, and you're Hindu by religion. Your Hindu marriage is null and void by all means and she's not your legal wife. No question of divorce is already non-existent Hindu marriage. Go ahead in life and enjoy. Maximum this woman can be addressed as your live in partner nothing more. However children born out of the marriage are legitimate.

TGK REDDI 31 October 2018

Intercaste marriages are not perhaps allowed by the religions. But law allows. So this marriage is, to my mind, not null and void.

test123 01 November 2018

No question... Marriage is VOID. Conversion is a MUST

TGK REDDI 01 November 2018

test 123

Dear Sir

I read about voidable marriages; in those provisos, nowhere is it mentioned that intercaste marriages are void.

If a Hindu wants to take another wife, he's to adopt Islam. Law accepts this.

Muslim law doesn't, let me suppose, allow intercaste marriage. If a muslim marries a Hindu woman? There may be punishment but the marriage won't be void.

A Hindu man can, according to Hinduism, marry a child of 3. But law doesn't allow. Such a marriage is punishable but not void.

I'd married a girl of 13. I'd deserted her after one month of marriage. If the marriage is void, she can't demand maintenance. In my case, can't she?

I may be wrong in my reasoning but want to be convinced.

Anyway this's a good topic.

Thank you.

TGK REDDI 01 November 2018

Shri Prsanna

Dear Sir

Agreed. I was wrong. It's interreligion marriage. Even these marriages are not covered in the provisos vide first para of my previous Reply.

Regards.

P. Venu (Advocate) 09 November 2018

After seven years of married life, and blessed with two children how could the marriage be held to be null and void?

Balachandar Rajaraman 10 November 2018

Thanks to all your valuable suggestions.We have consulted an advocate. As he is known person to both of us. he is trying to compromise us to live together otherwise he is suggesting me to deposit 10 lakhs to each kids as one time settlement and he will arrange for mutual divorce. As I am a low salaried person I cannot afford this much money. I don't have any asset also.she is also interested to grab lumsum money from me.I really frustrated now. she is planning to file DV case against me in police station.in our country if a lady plan to ruin husband's life. Can they use it as a weapon?
i can only provide alimony monthly. Law allows kids below 14 years should be with Mother.She is beating the kids kicking them when she is angry.i am really worrying about my kids.
so kindly suggest how to face if she files fake DV case.
is there any possibility to take custody of children now. (6 years & 3 years)
How to make monthly alimony even if she refused.
How long this case will be?if I file contested petition.
Everyday she is creating problem and we are quarrelling in front of our kids and exchanging bad words each other.but most of the people is supporting women only.Now she is threatening me" I will go to police station".

Vinayagam Samapath 12 December 2018

Dear sir
I apply divorce on 2015 at my living place at the court only 3 hearing is going. then my wife file a transfer to her place at Chennai High court. after the case is transfer to her place at 2017.still the case is running .but she file a new case for temporary maintainance. now the case is going in last 6months. if my advocate told to give the maintainance. once the temporary maintainance case is finish. then we go to divorce case. after finish divorce case. she put another case of maintainance. I had one girl child in her custody. she is also going to job. she is a pg graduate and working in a mnc company. but I am 10th standard I am working in my sister company. monthly 15k salary. but she asking my parent home.my dad as 4 children's including me. what we do. how we proceed. can you please help on this.