Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Average Man (none)     09 July 2012

Subject to mental cruelty and abuse by wife need advice

Dear All,

I am a 40 year old Indian army officer. I was married 15 years ago. I have two children, both in school. My family is staying with me. My wife constantly nags me, abuses me and harasses me in front of my children, my orderlies and maid servants. She abuses my dead parents and younger siblings who are married and do not stay with me, in front of my children. She also abuses my elder son and he becomes violent with her.  She knows that I am at a senior position in the army and the army does not like its officers to have cases of marital discord at the senior level. She therefore blackmails me and constantly keeps me under pressure. She refuses to accompany me on social functions by making excuses.  Constantly taunts me by saying let me see how you achieve senior ranks? She says," If I want I can complain to anyone and you will lose all your reputation and hard work. They will believe me since I am a housewife and a woman." 

My children are constantly subjected to her vituperative outbursts and abuses. They are also fed up of both of us. It is not a healthy atmosphere for my children to grow. I have tried to reason with her, taken her for counselling, put her on medication, but to no avail.

She has no inlaws to live with or contend with. She does not want to leave me as she says, where will I enjoy all these perks and good life? I simply want to regain my peace of mind. I am willing to give her anything she wants. If only she could let peace prevail in the house. I have tolerated this for years because may be I was emotionally weak and ambitious on my career front. Now in my mid life I am realising that life is more than just a career. I long for peace and serenity and do not want to die of humiliation or a heart attack. I have no intention of marrying again or depriving my children from what is due to them.

My father-in-law knows a lot of senior officers in my profession and has threatened me with dire consequences including cases of dowry harassment if I try to legally separate from my wife. 

I am fine with a legal separation or a judicial agreement even, if not a divorce. Can somebody advice me on the following:-

How do I go about it?

Where do I file for it?

What kind of evidence do I need to gather?

How much time is it likely to take?

We were married in Delhi but I keep getting transferred every two years. At present I am in Chattisgarh. Thanks



Learning

 11 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 July 2012

Dear Querist,

 

A man in India with an estranged wife is in a vulnerable position. Before seeking divorce on the ground of mental cruelty, prepare basic groundwork for your protection, because as a counter blast to your case for divorce your wife can attempt to misuse the process of law. I've wrote an article exclusively for people like you : https://www.lawyersclubindia.com/articles/How-to-fight-a-false-498A-Case-Fighting-misuse-coming-out-winning-4864.asp

it's a step by step guide on how  tackle a headstrong woman

MADURAI LAWYER (LEGAL CONSULTANT)     09 July 2012

Dear Sir,

I am really sad about an unhappy married life of an Indian Army Officer. I can understand your problem. Though you don't want to disclose your identity in this forum, your wife or her relatives can identify you if they happened to visit this forum. If precautionery steps were advised herein, the same may be taken note of by her side and counter action would be taken by her in advance and some hurdles would be put in your attempts to secure justice through legal means.Therefore, I don't want to render any legal advice to you in public. If you want,  you can speak to me on (0) 9842197857. 

 

https://www.jeevaganadvocate.com/contact.php


(Guest)
Join the site and know more- "498a.org", it will help u more. Secondly i know the army officer resides atmosphere as i m now living in this, take record or spy everything, remove maids and dnt keep, dnt give her more relief. If she visits ur office and creats drama, it is also a crime, record that. Dnt afraid everyone is suffering by his wives. Collect evidence in audio or vdo as ur time starts now. U dnt react just cool do something strng whichever u can. Avoid her. Dnt seek help frm army or aawa(avoid its interfere). U never be angry on ur children. They should be ur supportive.

(Guest)
What for a wife required. To born a child, all work is done by the maid and "sahayak". just collect evidence and file divorce. Let her bark anything. Take custody of children, then she will get nothing.

Average Man (none)     09 July 2012

Thank you Bharat for the advice. I shall bear that in mind. I have never asked for a penny from my wife or inlaws. But as advised by you, I need to take care of all angles.  But my questions remain unanswered. Where amd how do I give a notice or start proceedings? Should I first gather evidence by recording her behaviour?

Average Man (none)     09 July 2012

Dear Mr Jeevagan,

Thanks a lot for your advice and the number, I shall try and speak to you tomorrow, if it is ok with you . Thanks again.

Average Man (none)     09 July 2012

Thanks Jaswant.

rajiv_lodha (zz)     09 July 2012

Yes dear, u prepare for the WAR AHEAD.

See Abraham Lincoln said: If I have eight hours to chop down a tree, I'd spend six hours sharpening an axe.

Tajobsindia (Senior Partner )     09 July 2012

@ Author;

 


1.
For your que. 1 and 2:-

 

Consult a seasoned local advocate where you are posted right now. Even otherwise by now you might be knowing few personals in Army legal cell, consult friendly officers and your CO should be taken in confidence before launching smallest canon in family war of roses.

 


2.
For your que. 3:-

Oral evidence as well as proof affidavits of kith and kin and sub-ordinates / staff and independent witnesses who have seen her in action is more than sufficient for *.

 


3.
For your que. 4:-

Dependent upon court load read with various adjournments it is hard to say but prepare for 2-3 years.

 

 

4. For your que. 5:-

You can use local jurisdiction to file suit.

 

The best / safest suit which you can file in given situation is decree of *"Judicial separation" i.e. this is the smallest cannon in your facts which to be recoiled. You are bound to get it and after 2 years it is said to become a decree for divorce.

 

 

In family war of roses one should not be keeping too long h/er defensive position. Otherwise what happens is you yourself have narrated to us J


Today voluntary retired Army Personals are much in demand in Corporate World with much better pay and perks. You had your adventures / thrills which Army gives to its men, now time to test those adventures in real life scenarios. If you are not afraid to face our enemy’ across the borders then how come you are showing fear to face a "gospel truth speaking abala". All abalas just speak and speak and when reality hits her she wriggles out of it by filing left and right cases and then all comes down to accepting Banta (lime and soda) i.e. Mutual Consent Divorce i.e. at the end of all collateral damages both parties may suffer due to being in a bad marriage.  Also see everytime Indian Men are afraid to file first telling in general about their position in society / about their career / weeping about their old parents / adding their dozen un-married sisters and or dozen children in hand and showcause themselves to be the bette rof "innocent" among the two spouses about to go for social war!. Now compare and see does any Indian married wife thinks twice all these before showing one fine mornign at an Police Station or cozing up in a/c chamber of an rakhi bhai Advocate!!!!!!  


No officer – so how come you showing your weaknesses that also being an Army Officer?

1 Like

(Guest)
Nice answer by tajob sir.

dr.pawan rajyan (member and secretory)     10 July 2012

tajobsindia ,as always ,nothing left to added.regards


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register