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naren (Consulltant)     19 January 2012

Divorce advice

I am Naren. I got married in Mar-11. I work in gulf. I am a CA and well settled. I have in my family my elder brother who is married and a sister who is also married. We don't have any relatives. Now the problems in my marriage are as below:

1. They lied us about her graduation. (She was failing exams for many years and though she eventually cleared her exams now.)

2. She is partially deaf with both ears, they lied us about that as well. I realized her hearing problem within few weeks of wedding. We started the medical.

 

Above 2 are not reason for me wanting a divorce, but to tell that her family is lieing since beginning.

3. As I live in gulf, all the efforts for marriage like search etc were done by my bro & bhabhi. My wife is so insecure especially abt my bhabhi that she started hating them like enemies. I have good relationship with my bro & bhabhi and we discuss family matters and decide things. I realize her hatred soon after marriage and tried covince her that she is more important to me but I can't break my relationship with them. They are the family. From MAr-11 till Dec-11 we India trice, once on my mom's death (2 weeks in Apr-11), annual vacation Jul-11 (I stayed fr 3 weeks, she stayed additionally for 1 extra month). Within that period, she humilated them very badly.  and Dec-11.

4. She is a big liar. Even though I discussed everything with her truthfully, she lies to me on everything.

5. In Jul-11 we had big fight but I still decided to continue the marriage. In Dec-11 we had a fight and her family memebers (she has big list of relatives) came with her uncles and aunts and threatened us with dire consequences even though they know that she is at fault. She is the one who lies, disrespect etc. While leaving they shouted that I beat her etc etc even in street to insult me in whole neighbourhood though I had never resort to physical violence.

Now I have decided that I cant take it any more. I left her at her parents. I asked for mutual divorce but she is not agreeing. I thought a lot about giving it another try but a girl who is not even sorry for her mistakes and put blames on others.

How I go about divorce as she is not agreeing for mutual divorce and contested divorce is long specially when Hindu marriage act doesn't recognize continous lies, disrespect, humilation etc as reason for divorce specailly from a women's side.

I am willing to pay whole amount they spend on wedding. Infact they had limited budget as they are not much well off, I took care of many expenses on my own which are normally done by bride's side in a hindu wedding. We didn't take any dowry. Not even the basic items.



Learning

 11 Replies

Dr J C Vashista (Advocate)     19 January 2012

Mr. Naren,

Are you a Hindu? If yes, telling lie, as explained hereinabove, it is not a ground for divorce. However, if you have some evidence that she (your wife) has committed any cruelity against you (and your family) or deseted or have certain aliment (communicable disease) you may file your petition where you got married/ last lived (in India).

Sanjeev (Lawyer)     19 January 2012

whatever may be the reasons of differences between you and your wife the fact that a contested divorce takes time cant be ignored. This is just your part of story and when the other person is not willing for divorce than the court would hear both sides of the story and that takes years to conclude.

So if MCD is not possible then there are no shortcuts. As of now you havent completed one year of marriage so divorce cant be applied before March.

If you can resolve and start living together that would be other option.

naren (Consulltant)     19 January 2012

Resolving difference is not an option now. In Jul-11, even after what all she did, I give it another try. The kind of behavior she has shown since marriage is so horrible that people find it difficult to believe. The problem is, one don’t have proof for such things. I have proof of lie about graduation and deafness but nothing else. What kind of person doesn’t help a woman who is on bed rest after a surgery and ask for a bottle of milk for a six month old kid. Just because she was on call with her mother which she always remain all the times should not be an excuse. Even after my mother’s death, when we were in India for 2 weeks for funeral, the kind of behavior she showed was so painful.  The examples are so many that it will take tens of pages. The issue is not having proof of such behavior as only witness is me and my family which court I don’t think will accept.

naren (Consulltant)     19 January 2012

We both are hindus. I read rules related to divorce thats why I am so depressed now a days. It so difficult for a man to get out after committing this one mistake of selecting wrong partner. Beside lie about education and deafness we dont have any other proof. If a person is so horrible, only option is mental cruelty, which is so difficult to prove.  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 January 2012

Law is against you still can get divorce after some tactical moves but thereafter what similar problem.

Since living wife alone is also cruelty.

Dharmesh Kumar (Service)     19 January 2012

Hi Naren , I'm similar victim like you. Don't give up. Check you inbox.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

If you can not take it and other party is not willing for MCD, then the only option is contested divorce, no matter how time consuming it would be.

 

Unless you file for divorce you are not gonna get it.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

naren (Consulltant)     21 January 2012

Dear Experts,

Please suggest if it is possible to appeal in court to declare marriage as void ab initio as marriage based based on fraud. She was not graduate, and I still have copies of fake certificate they provided to us. I would not have married her if I would have known that she is not even graduate.

rajiv_lodha (zz)     21 January 2012

Urs ground is a solid one, if u have enough proofs, go & file it!
 

MADURAI LAWYER (LEGAL CONSULTANT)     22 January 2012

 

Dear Sir, 

If you are still having any doubts even after going through the replies of the learned experts, kindly feel free to call me up on 9842197857 for any clarifications.

S.JEEVAGAN, M.A.,LL.M.,

Advocate & Legal Consultant,

MADURAI.

https://www.jeevaganadvocate.com/

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 January 2012

If you have proofs that they declared her a graduate and medical certificate of her deafness, you can file for annulment, even that takes a lot of time.

 

 

Regards,

 

Shnee Kapoor

harassed.by.498a@gmail.com

1 Like

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