Ranveer singh (Studying ) 22 June 2017

Fed up with my wife and marriage

Dear lawyers, I need serious help from you. I am married and has govt. job . It is two and half years now of my marriage. My wife is very talkative and shouting women. Whenever there is some issue regarding family, relatives or any other matter then she starts shouting and arguing with me. I avoids her for very much time but she do not keep quite and keep on shouting. This creates a sense of disrespect in society and neighbors and i sometimes slaps her. This type of incident has taken place so many times. Now i have so much frustration to her that i do not want to live with her. I know she has a strong ground of domestic violence but i am in such a situation that i just need to end my marriage. There is no husband wife feeling left in either of us. She just threatens me and has ego of her family. She says my brothers are very dangerous and i will do this and that. I an sick of such a girl. I just wanted peaceful life which i did not get in my life. This is very serious issue for me. Any type of suggestions, advice, or solutions are heartly welcome.

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8 Replies

legal 22 June 2017

First of all try to convence her that u care for her and then take her to to kulli and manali take photo shoot and video. After that you both shift to separate home on rent and sale your all asset, you leave the job and ask her to work. She will come to know only when she will work and ask her to maintain you. she will get frusted and will leave you one day.

Raveena Kataria (Advocate ) 22 June 2017

Section 13 of the Hindu Marriage Act lays down several grounds based on which you could file a petition for divorce. In some cases, such conduct, as which you explained, could be termed 'cruelty'. NOT in your case, however, since you also slapped her, which amounts to physical abuse (and which she may disclose to the court in her defence,) and so your attempt to apply for divorce on terms of cruelty could fail for the court shall deem that you may be trying to 'take advantage of your own wrong.' (Section 23, Hindu Marriage Act.)

Court can also grant the decree of divorce under section 13C, that is, on grounds of irretrievable breakdown, however, for that to be possible, the parties must be living separately for a period of at least 3 years, and the court has to be convinced there's no hope for reconciliation. (Courts do not grant the decree based on 'normal wear and tear of marriage life'; when they deem both the parties are merely exaggerating their issues; Dastane v Dastane)

The shortest way to go about it would be if you both mutually consent to divorce. However, as it's constantly observed in a lot of cases, the courts place huge amount of consideration in the preservation of the concept and sanctity of marriage. The courts also expect the contesting parties to behave as rational and respectful citizens. I would advise you two to get marriage counseling and try to sort out the issues amongst yourselves first.

Ranveer singh (Studying ) 22 June 2017

Raveena mam, i know i have a negative point against me of hitting her.. But i never want to touch her or slap her. I am peace loving person but that thing court will not understand. I just want to know how divorce can be taken for me. I just do not want to see her face. She has abused my parents in front of me.

Ranveer singh (Studying ) 22 June 2017

Thanks for your kind reply. I read your complete reply now. I also want to ask how much time it will take to take divorce and how much punishments i will have to bear for domestic violence.

Raveena Kataria (Advocate ) 22 June 2017

You won't face any criminal charges, be assured. The court would of course realize that you may have been provoked/aggravated to a situation which resulted in you having that outburst.

Ranveer singh (Studying ) 23 June 2017

Thank you mam, One more question. She also says that i will put dowry on you and to your family. Your parents, you and your brother will be in jail. If she put dowry then what will happen to us... I have never nor my family ever has demanded anything from her or her family.

Raveena Kataria (Advocate ) 23 June 2017

Then that would be a false charge, for which you can apply for anticipatory bail u/s 438 CrPC. That is again a very prominent ground reflecting cruelty based on which courts grant divorce in some cases.

I'd however seriously advice you to get in touch with an advocate and make him aware of all the intricacies of your situation so he can walk you through the process and you and your family stay unharmed. Good luck!