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Shiva kumar M   03 June 2021

am staying alone away from wife for 22 months.can I get Divorce?

I am 41 yr old from middle class family. been married since 8.3 yr .arranged marriage.
now wife 36 yr and only go son 7.3 yr old.
At the time of marriage I was a software engineer in Bangalore staying in 2BHK house. Only first 3 months my wife was bit good with physical relation.during this three months she went to her home town also for 10-15 days then came back. when she come to know that pregnant then she started to avoid me. She was regularly going now and then to her hometown. I was a bit compromised with her irritating behaviour for 1.5 yr because she is pregnant.Her and kid health important for me. I have observed another six months her behaviour becomes more worst even she and kid was healthy.
It was like I go work and feed her without her love. So I thought this will continue for life. Then I decided to quit my job and go back to my hometown to be with my parents.so did.
She refused to come with me to be in my house as she told don't like my house so went to her home. as days gone spoke with one of the lawyer he told just be in your house we wait for her reply. in six months or one year if she doesn't come to your home then we will file a notice and then apply for a divorce then you can go for another marriage. After eight months we had panchayat by family members then she came stayed for 15 days then she again went back to her home by silly fight reason.
She told till you go back to Bangalore home I will not stay with you.
Before marriage (till today also) I never had a girlfriend or affairs. For my s*xual needs I am dependent on self masturbation by watching p*rn. since 25 yrs old till today I do masturbation now and then.
If wife was supportive I will never think of masturbation.
Alone am, worrying always so started to take depression tablets.

My wife supported by her mother always till now also.her father died in accident when she was about 15 yr old. No brother. Only sister married.she has big good house and farming 4 acre property. her mother was a teacher and big agent for Samruddhi Chit-fund (which was stopped abruptly, fully loss is a big setback for them).

she took son with her always because to have sympathy of all.
Then again one year she was in her home then suddenly she went to our town police station with her mother + 4 ppl .PSI scolded me comprise else dowry FIR will be registered on u and parents. I , my parents scared and then I told I will compromise. Lawyers/my relatives also suggested same because your wife family very bad.
Wife told so I went to her home. She was good for few days then started to avoid me as usual. Stayed for 2 months.
Then I told her I will alone go back to Bangalore and search a job so that I can make a house again. After few months I got a job. But her behaviour when I call her was not good, again I was sad. After three months they fired me me telling my performance is poor. So I started to search job again with very low confidence and sad.
I stopped searching job then I told myself let's face the FIR /Jail . But before that I want to travel so I went to to Goa after 3 days lockdown announced and am stuck in hostel. I was just roaming meeting new people seeing places which I never done in my life. I stopped picking my wife phone call which use to come after every one/two months once. Asking for did you got a job.
she didn't call me for 4+ months. after that they came my house by car met parents told advice ur son about job and house. or send him to our home.
I told Due to lockdown covid I didn't get job and can't meet.

Bottomline is she wants me to work for 10 to 12 hours take care of her completely taking new apartment, car , investments. In return she will give s*x once in a 10 or 15 days. Also She wants to be in freedom as per her wish. Moreover she doesn't want to give me e divorce because she will not be able to get married again because of her badly behaviour(may be affairs but it's really difficult to proove as she is professional smart as her mother too.They make friendship with strangers in no time quickly.
My father in law accident death is also big conspirancy).

For last one year I am(worrying) thinking daily everytime that I am ready to stay single in a slum hut doing sweeping job like very poor dignity But will not stay with wife in a furnished big house with a good job like rich Shamelessly.

Daily all the time am worrying thinking my future is bad definitely as it's difficult to get divorce.
Am still not working.I withdraw PF money as savings over. I don't spend much. I live as poor alone.

It's about 2 yrs since last time I met my wife.not even talked in phone. She is very good health happy about 80+ kg as per her status pictures. I am in poor health around 55kg.

Now my wife approaching police acting as victim against me so to make a compromise and listen , be with her. same like earlier .
As I experienced law is mostly supportive with women's.

In such situation is it possible to get a divorce for me ? or atleast be away from wife?
I last 2 lawyers I had bad experience.


 4 Replies

pankaj verma   03 June 2021

yes...it's ur right after 12 months.....but high court has also vide power before 12 months...apke to 2 years complete hone wale hain...wts the problem...9816374011

Sankaranarayanan (Advocate)     03 June 2021

Very lengthy narration  you better to submit by crispy manner will easy to give our reply 

Dr J C Vashista (Advocate)     04 June 2021

Too long a story to go through and oblige.

Consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding. 

T. Kalaiselvan, Advocate (Advocate)     05 June 2021

You can file a contested divorce case on the grounds of cruelty, however if you can wait for another two months, the period of desertion would be two years  which will be an additional ground for divorce and chances for getting divorce would be brighter.

You may consult an experienced lawyer in the local and take the assistance as well as suggestions to proceed on this matter.


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