Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KishoreKumar (Private)     27 May 2014

How to get divorce from an arrogant wife

Dear Sir,

My Name is Kishore, I am married to a Christian girl (for marriage purpose, I was given Baptism). I have been struggling with her arrogant nature, not respecting elders, using bad words with me and my family members, suspicious nature for every small incident etc.

 

I bought a flat (I have included her name also in the Registration as I loved her), her mother who is a tricky woman is creating more problems between us. Her mother who can not lead a family life with her husband (who ran away due to getting problems from her) is now creating problems to me and wife.. She has been living with us for the past 7yrs and I can not tolerate her nature

 

My wife has been arrogant since beginning and recent years it has been multiplied, she is a govt employee and getting a lucrative salary. We have a 7yrs old son.

 

1. How can I file a Divorce petition (As she is not willing to go for Divorce on mutual consent)

2. I want my son to be with me - If he stays with his mother and grandmother they will screw him further (Not giving him discipline, manners etc)

3.As my wife is included in the Flat registration, can I go ahead and sell this flat without her consent?

4.Do I need to give her 50% share of the sale price of the flat?

 

@Lawyer friends: Please look into my above issues and advise


Thanks,

Kishore



Learning

 10 Replies


(Guest)
Originally posted by : KishoreKumar

Dear Sir,

My Name is Kishore, I am married to a Christian girl (for marriage purpose, I was given Baptism). I have been struggling with her arrogant nature, not respecting elders, using bad words with me and my family members, suspicious nature for every small incident etc.

 

I bought a flat (I have included her name also in the Registration as I loved her), her mother who is a tricky woman is creating more problems between us. Her mother who can not lead a family life with her husband (who ran away due to getting problems from her) is now creating problems to me and wife.. She has been living with us for the past 7yrs and I can not tolerate her nature

 

My wife has been arrogant since beginning and recent years it has been multiplied, she is a govt employee and getting a lucrative salary. We have a 7yrs old son.

 


@Lawyer friends: Please look into my above issues and advise


Thanks,

Kishore

You surely had love marriage.  So your fate is sealed.  


Revolt, mutiny all are good when you do it in early stages, not after 7 years.  Now either adjust with the situation for sake of kid or just go ahead and file divorce.


What u are giving are petty reasons to get divorce.  Court gives divorce if she has meted mental cruelty, physical cruelty, she is living in adulter, desertion by own will.  Other tom and d**k story will take long time to prove and you wont be able to get divorce easily [roam courts 7-10 years along with facing custody case for kid etc, that too will take same amount of years.]


You need not worry to pay maintenance as she is govt salaried.  You should give salary certificate of hers to avoid paying mainternance to her and to the kid.  kid will be with her if u put custody case, but you can get visitation rights. 

 

1. How can I file a Divorce petition (As she is not willing to go for Divorce on mutual consent)

File divorce petition based on mental cruelty.  Tell your full length story.  Dont leave a single point to tarnish her image before the court.

2. I want my son to be with me - If he stays with his mother and grandmother they will screw him further (Not giving him discipline, manners etc)

File gaurdian and ward case, custody case, visitation rights case, the last one will come in your favor, not the other two.


3.As my wife is included in the Flat registration, can I go ahead and sell this flat without her consent?

Sell it.  Spend the money you get out of it.  Anyway you will start losing money running behind courts and lawyers.  when they ask where is the money, tell you spent it on lawyer fees, drinks [for forgeting problems and tension].  Nobody can do anything to you.  Or invest such money derived from the sale of flat in some land or some other property secretly in your friends name or parents name and hide it.

4.Do I need to give her 50% share of the sale price of the flat?

Dont give the damn woman a single penny.  

 

Further queries through phone and private messaging.  check private message inbox.

 

Sugam Dayal (Business)     27 May 2014

1. File DV based on cruelty mentioning her bad behavior. you have to prove that else you wont be granted any DV. As far as i know, looking at your wife and mil...as soon as u file DV, she may file 498(a) against you, which though is against you...works as a tool for me to get divorce  as well.

2. You need to fight for custody along with your DV. ask more suggestion from learned lawyers...you got to show her mother is not capable to bringing up the child in sound way. Evidence is required.

3. Property law...I don't know

4. Depends...wife do have share in husband property irrespective of whether she is having her name attached or not.

-----

Kishorekumar - you have two ways to handle your situation and both requires calmness and perseverance.

Either you straight up your wife by being more assertive and reasoning to her and your mother in law. What will happen? it depends on your arrogance and that too genuinely picking up arrogant behaviour, depends a lot on you...but as you do it ( remember woman are shallow...they will fail to reason their behaviour if that behaviour is about cribbing and being arrogant all the time)

--She will come to you and try to mend her ways...since she cannot leave you and also cannot stand your behaviour

--She will drift away from you saying you are a headache ( the same why you are doing it right now).

 

So be more arrogant and more headache than what  she is. Girls are generally shallow when they create scene because that scene is outcome of their ego clash and insecurity. so that are shallow. You can make sure you turn their behaviour down by showing your manly nature of command...learn it and you will enjoy.

if still she continues to crib without any fear...she has psychological issue...take her to counselling...

last but not the least

We men , when we have married a woman, irrespective of it was right decision or wrong...being a man we have to make sure we do not shed off our responsibility but at the same time should not allow people to take us for granted. Be a gentleman and whip-master...always remember...you are not  weak person to walk out...push the other person to either bend to the expectations or let them walk away...their choice...the guilt lays in their heart....not ours.

I am also facing the same situation but my marriage is 6 months old...lol...you have donned more 

Adv. Chandrasekhar (Advocate)     27 May 2014

1. How can I file a Divorce petition (As she is not willing to go for Divorce on mutual consent)

ARROGANCE IS NOT A GROUND TO GET DIVORCE. FURTHER, AS YOU ARE SAYING THAT SINCE MARRIAGE SHE HAS BEEN ARROGANT, IT MEANS THAT YOU CONDONED HER ARROGANCE.  FURTHER, YOUR MOTHER-IN-LAW'S ARROGANT ATTITUDE ALSO, YOU CANNOT ALLEGE FOR GETTING DIVORCE.  IF YOU WANT TO GIVE HER DIVORCE, SIT COMFIRTABLY AND COGITATE AND PEN DOWN POINTS ONE BY ONE THAT SINCE MARRIAGE WHAT WERE THOSE ACTIONS THOSE CAUSED YOU TO UTTER PHYSICAL PAIN AND/OR MENTAL AGONY.  THESE ARE CALLED CRUEL ACTS.  THESE HAVE ARISEN DUE TO HER ARROGANT ATTITUDE.  IF THEY ARE SO SEVERE THAT SHOCK THE SENSIBILITY OF THE COURTS, THEN YOU CAN GET DIVORCE ON THE GROUND OF CRUELTY. 

 2. I want my son to be with me - If he stays with his mother and grandmother they will screw him further (Not giving him discipline, manners etc) 3.As my wife is included in the Flat registration, can I go ahead and sell this flat without her consent? 4.Do I need to give her 50% share of the sale price of the flat?

YOU HAVE TO FILE CUSTODY CASE.  BY THE TIME THE CASE COMES TO FINAL DECISION, YOUR CHILD WOULD BECOME NOT LESS THAN 10 YEARS AGE AND THE COURT WILL FIND OUT FROM HIM, HIS CHOICE THAT WITH WHOM HE WANTS TO STAY.  FURTHER, COURT ALSO ON ITS OWN ANALYSIS THINKS THAT WITH WHICH PARENT, THE CHILD WELFARE LIES.  ONE PARENT WILL GET CUSTODY AND OTHER PARENT WILL GET VISITATION RIGHTS.

3.  YOU CANNOT SELL THE FLAT WITHOUT HER CONSENT AS SHE IS 50% OWNER OF THE PROPERTY.  IF SHE AGREES TO SELL BY TAKING 50% SALE PROCEEDS THEN YOU CAN SELL.  THE SALE AGREEMENT AND SALE DEED MUST BEAR THE SIGNATURES OF BOTH.  HENCE, NO PURCHASER WILL COME FORWARD TO PURCHASE THE PROPERTY, WITHOUT HER CONSENT ALSO.

SURESH KALAGA (secretary)     27 May 2014

Mr kishore pls mail us your full details to enable us to give u adequate and appropriate relief to ur problem. sureshmgpl@gmail.com

(Guest)

nice lie before public.

1. How can I file a Divorce petition (As she is not willing to go for Divorce on mutual consent)
on the contrary i offer MCD w/o maint. alimony bt u hv habit to live like parasite.

2. I want my son to be with me - If he stays with his mother and grandmother they will screw him further (Not giving him discipline, manners etc)
really.!!! do v hv ??????????

3.As my wife is included in the Flat registration, can I go ahead and sell this flat without her consent?
it is ur intention to swallow my flat right frm begining.

4.Do I need to give her 50% share of the sale price of the flat?
i pay cent per cent frm my account. as a second name u demand 50%

it is u and ur mother keep an eye on my salary as  well savings.

 

 


 

KishoreKumar (Private)     06 June 2014

Thanks everyone for your valuable suggestions/inputs

@Heera, I want to tell you one more point here. Her Mother who can not set right her husband who ran away from family has no other way hence she has been with us.. Its not that since she is a Mother, she wants to take care of grand child.. NO WAY.. I asked my wife several times to shift her job to my city where I was living.. at that time she was working in a private educational institution. Had she been really concerned about living with husband, having a good family,she would have resigned her job and would have shifted to my city..She didnt.. One of her friends who had a similar family fight.. she left her parents and supported her husband, now all are fine.. What I am saying to you is -- DONT GIVE A General opinion on Husband/Leadership qualities etc. I have proved myself in many areas.. I dont need to show case my talent, abilities to you.

 

Saurav (Engineer)     06 June 2014

you sir may be a good husband but you cannot see obvious signs of her attitude?

a. You did not notice her arrogance before marrying her?.

b. She stays in a different city and its ok for you?. 

honeey (ma)     07 June 2014

posting r @ 09:10am in morning and 02:53pm. in noon
fail to understand hw employed person get time ? it is a luxury fr thm in a week dys.

1 Like

hooney (hold)     07 June 2014

hi,
why r u angry with bil. truth is always bitter.
sent a love letter thrgh adv. hope u won't mind.

Cassandra Santos   20 March 2020

A difficult situation. You are a very good person, and you were too kind to her. However, there are a few things that you should take for granted.

1) If you cannot prove in court that your wife insults (beats) your son, humiliates him, and if this isn't confirmed by his words, most likely he will remain with his mother after your divorce;

2) Since you were a caring husband and included her in the share of the apartment, and you, the owner, no longer have the right to exclude her, you will have to pay her 50% of the cost of this apartment, however, you will need to clarify your state in court if it will be possible sell it without the consent of the second owner.

3) In addition, you can file for a divorce without her consent, even through online divorce services. Now such services are in demand due to their low price, speed of execution and quality assurance. However, if you still decide to contact a lawyer, you better find him on the advice of your friends.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register