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Puneet Sharma (FSA)     11 August 2010

Want Divorce from a quarreling wife

Hi, Everyone i posted the below question in blue few months back now more trouble has added to it me and my wife recently had fight in July after that she had left the home and went to her parent's house since then it's been a month and neither party ahd any communication with eac other, last time when she did this and threatened to file frivolous police case against me and my family then as a preeemptive step i forwarded an application to the district SSP mentioning such kind of apprehension and detailing the entire event, however this time i myself dont see any future of our realtionship and want to obtain a decree of divorce , i am skeptical my wife and her family would agree for a mutual consent divorce ( though i would try to do that first) but even if there is not the MC divorce i am ready for a contested divorce but before going for that i just want to share few things i have as evidences which proves her cruel behaviour towards me:

1) I have sametime chat windows ( a chatting tool used in our office ) saved in which she wilfully accepted that we have never demanded any dowry neither i did any physiscal violence with her

2) I have chat windows saved where she accepted her psychological behaviour that she reacts to the maximum when there is even a certain amount of discomfort in her comfort zone

3) I also have mails and SMS's where she has insulted me and called me a useless , mindless , sick and horrible person (even though i never said anything to her)

4) I also have SMS saved where she has levelled baseless charges against me with my manager ( I can winess a lot of people to counter her charges)

5) I also have an SMS saved from her brother which proves that her family members interfer in our personla life.

Just let me know if i go ahead and file a divorce application on the grounds of cruelty and would all these evidences would be taken in to account by Hon'ble courts?

Thanks!

 

"Hi, I am Sofware Professional in Noida married to the girl who worked in the same company with me on 17 feb 2009, after marriage i was living at Vasundhara(ghaziabad) but after the untimely and sudden demise of my father i had to shift to modinagar to look after my mother as i am the only son since the day i shifted to modinagar my wife behaviour became quarrelsome and violent she frequently compeled me to leave my mother and modinagar residenceand has been threatning to file false and frivolouse police cases against me and my family , she also has one aunty who is in the Women's cell of ghaziabad and she also keeps on instigating her to file false police complaints and her family is also interferring to the maximum extent in our personal life and keep threatning me and my mother that they will get us entangle in false cases.

As a precautionary measure i have forwarded my application to SSP ghaziabad stating all the facts and the threats that i have been getting from my wife and her family and her aunty from police.

Please help me in how to proceed ahead and create a safety net for My family and me so that we can avoid the trauma of 498A"



Learning

 6 Replies


(Guest)

Start collecting evidence against her. if u are certain shes goin to file 498a , file a divorce petition first and nullify 498a.

Adv.T.G.Ragesh (Associate)     12 August 2010

Better u file an anticipatory bail application before district court......then a divorce petition..but b4 all these have a conciliation talk with the help of those persons who knows u both.......wish u both a happy life

Puneet Sharma (FSA)     12 August 2010

Hi, Ragesh

There is problem for me to get anticipatory bail, in UP there is not any provision of anticipatory bail though recently the UP government is considering to have AB in the state but that has not been notified yet, so till that time no AB in UP

sivani (engineer)     12 August 2010

@Puneet, One sisterly advice. Please try to make your marriage work by sincerely talking to her with an open mind without involving or thinking legally.  Once lawyers enter you will have no control of the situation.  It will be like quick sand.  What assurance do you have that the next time you marry it is not worse?  The fact that she has admitted that she reacts to the maximum itself shows that she wants to make the marriage work and is willingly accepting her faults.  Who doesn't have faults?  Don't be of the wrong impression that such stupid evidences will stand in the court of law.  You will fall from the frying pan to the fire.  So my advise turn off the stove, cool the frying pan with love, understanding and maturity and enjoy your life with her.  You can go through the forum and see that every man has the same problem with his wife.   It is a matter of understanding and communication and not cruelty so try your hand at that otherwise be prepared for the worst mess of your life  even more than what you think you are in.

1 Like

Puneet Sharma (FSA)     12 August 2010

Sivani

Thanks for the sincere advice but  it has been a real trauma for me to go on with a dead relationship there are negligible chances for any revival and and the things which i have talked about earlier are also made me to thought previously that she had some remorse , i came to this point only when the things were still going persistently and unabated without any learning from the previous incidents, i have given a lot of chances to this relationship to survive but noone has been fruitful. She repeatedly commit such acts, i even asked her to go for a counselling which she refuted by saying that consellors are looting shop and only mindless people go to them, you tell me now if someone thinks and act that way then can you expect such person to behave sanely in a long term ? Truly speaking i find courtroom much better then the bedroom now at least that will reach to a conclusion.

Thanks!

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 August 2010

Dear Puneet,

Now u are able to file AB in UP as the law of AB has been restored there after 34 years. For further details u can call me at 9871158578


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