Pratul Mishra (SME) 19 February 2014

If wife is not ready for divorce ?

Subject : Please help me in divorce !

Message :
Sir/Madam Today I received your mail to give my story in detail,so here i am . I got married on 28th of June 2011. The marriage ceremoney was quite good till SINDOORDAAN as soon as this ritual took place my father -in law stared to abuse my family that all the gifts we brought for his daughter is not good. we have cheated them. his brother started to fight with my cousin all the situation got today disturbed however my relatives were calm but they were very very arrogant.In the morning they refused for VIDAAEE.After a lot of struggle Vidaee could be happened we were bound as on 30th reception ceremoney was to be held. In reception her younger brother aged near about 26 threatened our relatives ,i am telling you the exact words SABKO KAAT DALUNGA!!!!!!!!!!!!!!! I came to know all the things after a week that all the decorations and other things got ruined because of rain as well as they are heavy drunker/ opium addict (father and younger brother) thats why they were upset(I do not know what is our fault in this) Now she came to my house(her name is ARCHNA) Every thing was fine she was also well mannered ,quite, calm means totally excellent!! Thats why me and my family never ever asked about what happened but Iwanted to inform her that her brother threatend us when she knew it she called her brother to say sorry hhe came said sorry........ days passed... mean while i realized that she is unable to read and write properly .I enquiredwith my family indirectly.....I returned back Noida (I work here).Next day her father called to my Dad for Vidaee dad said vidaee could be done after some time . Now her father started to scream over the phone(Kaise vidaee nahi karenge main aa raha hoon ... vidaaee karawa kar rhenge)...but he did not come now mywife started to pressurise me for vidaee badly at last i said my parents for vidaee....... we send her to her father on27thOCT. Now she showed me her actual look..... She called me up her voice was changed she spoke with me so rudely I was shocked.... she started to speak ill about us... in her village we came to know througe diff. people .On earlier fixed date21st Nov. when my father asked to her father for vidaee .. He spoke badly to my dad we will not send her back ... we will talk to your son!! Who are you ? My Dad switched off phone as he got angry.... No phone ... no contact with me or with my family...... near about 4 months passsed... we were getting pressurised to bring her back from our relatives... At last my MAMAJI said that he will go to her village to bring her back..mamaji called her father to my home(VARANASI) he came as if he is doing a favour by doing Vidaai... he was screaming at the top of his voice why do you investigate for study? labla/////// After a lot of trouble she came on 27th feb...... I was unable to come my home as i was not getting leave..... One day her elder brother came on on 6th March and said that she has to face MA Final year exam so we have to do vidaai !!!!!!!!! we were shocked hardly she stayed just for 13 days with us.... we enquired with her brother so Archna got angry.... it was finalised earlier that within couple of days she will come to Noida... But she was totally disagree now to come with me to Noida... rather than she was quite eager to go back to her father.....We send her back as she was getting arrogant now.... From the next day the same thing started ill speaking/abusing/not calling//receiving the call after no. no rings....... speaking as if I am her servant!!!!!!!!! I warned her but nothing changed//// tried to call her father/ brother..... they did not pick up ph.... At last I stopped calling her.... no.contact at all for for 8 months....... ON Diwali this year she called me I picked up ph. YOU WONT BELIEVE SHE STARTED WITH MOST ABUSIVE LANGUAGE.... I cut off ph... she kept on calling but i did not recieved call. I told to my family.... we went to lawyer and filed SEC.9 A...in the month on May 2012... on 20 th of jan she called me again when i came to varanasi....Since OCT. till now they are threatening ,abusing, and humiliating to me and my relatives... for vidaee..... ON 17th of march his father came to my home my dad did not allowed them to enter in the home... Her father again threatened to dad if we will not call her he will see Us in COURT!!!!!!!!!!!! I am depressed.. I do not know what should I do?? If she comes to my home or with me she will definitely harm us!!!!!! I would like to inform that when she was here with me or with my family(varanasi) she use to recieve some calls to which she never wanted to disclose.... This is also a problem for me..... she use to recieve these calls during our honeymoon also in Nainitaal.... whenever I enquired she never disclosed... I am assure that she will lodge DV against us.... as she has said this to me. I am in great problem as her younger brother has threatened us/archana also given open challenge to give poison to my family/// over the ph. I have some records of abusing,....Plz. help me. When I can file for divorce ? My lawer say's that it is possible only when we both are apart for 2 years, is it true ? Now I have completed my 2 years .Should I file divorce any time ? And what other necessary precautions should I take if I am going for divorce ? I am in tension because in case, if She would not ready for divorce, what should I do ? Please help me !

Reply Follow

2 Replies

Ranee....... (NA) 19 February 2014

Repost the summary of it with big fonts.Spare our eyes please!!

1 Like

Anil Upadhyay (Lawyer) 19 February 2014

Don't be upset and there is no rule that you have to bear her for 2 year whether she is abusing, torturing, etc to your family and making your life hell. Please mail in detail to our mail id - pioneerlexjurists@gmail.com.

Grounds for Divorce under the Hindu Marriage Act, 1955

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act etc are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.