anny 19 July 2015

Divorce

I want divorce from my wife. Firstly i did not want to marry her , but due to family pressure i said yes, but immediately after eight days of saying yes i cleared her the entire situation and told her that i cannot get married to her. But she forcefully married me, i even told the same to her parents that i cannot and i dont want to marry thier daughter , but they forced me to this marriage. Its been two years now that we are married and we are not at all happy , i really don't like her and we are not getting along well with each other at all. She is not a nice lady , she has no respect for my parents , she don't talk nicely to my parents infact she don't talk with them at all. She don't do any household work. Even my mom serve her food on her bed. She forces me to have s*x with her , it feels like i am getting rapped. I don't want to live with her at all but she says she is not going to give me divorce at any cost. Even her family members are forcing me to continue this relation unnecessarily when there is nothing in this marriage. I am in a big problem , i don't know what to do. They are just forcing me to continue this marriage and i don't want to. On the other hand they bully me by saying that if i don't continue this they will kill me , do this and that. What should i do??

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11 Replies

anand (legal advisor) 19 July 2015

Hi, Under Indian judicial system it is not easy to take divorce, either you persuade her to take divorce by mutual consent else you need to go with long court procedure which may take long time, its upto you to decide this...... But best option is possible is to persuade her to be like you n be in your color

Laxmi Kant Joshi (Advocate ) 19 July 2015

The reason you have supplied us for seeking your divorce is not effective and on these ground you cannot get divorce, why you had kept this thing in your mind that she is not a perfect match for you, you was not a child at the time of your marriage you can straight way strictly denys for your marriage, once you had done marriage then always feels guilty why you had done marriage with her, i think only because of this she is not behaving well with you and your parents, now you have one option with you talk to her and go for mutual consent divorce .

saravanan s (legal advisor) 19 July 2015

first of all record their threatenings to kill you.this will be useful to you in case if they file any cases on you.also record other cruel acts then subject you to.since they are issuing threats to you just file an nc or make a entry in the dr kept in the police station as a precautionary measure.

whatever she does amounts to cruelty and so you are free to file a contested divorce against her on grounds of cruelty.but before filing divorce gather evidences as i said earlier

anny 19 July 2015

Is it easy to get divorce if i gather some evidence of cruelty that they do to me and my parents?

Prasad (Systems Engineer) 19 July 2015

Hi Anny... If you have proof for for forceful marriage, you can try annulment of the marriage.

You should show proof to a lawyer and get his help.

Or else, you should collect proof for all cruelty of your wife and file a divorce case based on the same.

But, please hold on. Why did you talk to the girl and her parents to stop the marriage?

Why dint you talk to your parents and elders in the family to stop this marriage?

Stopping the marriage was easier and good option for all than getting divorce

To answer your query. Yes, you can definitley get divorce. But it will be contested divorce and it might take 2 to 5 years.

Else, you should patiently pursue and go for Mutual consent divorce and it will be over in 6 months.

If you are lucky, your wife might accept for MCD after taking some compensatory money.

Else, you have to contest for divorce for next 2 to 5 years.

There is another option.

You can chose to stay separately for few months and then see whether any good changes on either of your mind for union or separation.

anny 19 July 2015

Ok. But as i said that my wife and her parents are too cruel, they are not at all ready for divorce , they want me to stay like this in marriage by hook or by crook. So in this case if i leave the city for some months or something , can they legally torture my parents for my absence? Like can they file a case against me that i ran away leaving their daughter?

anny 19 July 2015

Anand 20 July 2015

Mr. Anny. I am very sorry to hear of your situation and I know where you are coming from. I was pressured by my father, my wife and mother in-law into a marriage too and I loved the girl at the start but I also saw red flags and shouldn't have gone ahead with it. I also know other men who were pressured into marriage and divorced 20 years later, with the time in between completely wasted. Seems we all go through bad sh*t because Indian society places way too much emphasis on marriage for the sake of marriage. Sir firstly what I would encourage you to do is to try to make it work. Read up on strategies to make women happy, commit to do them and get her to do the same. This is helping my situation so far. If you can salvage it and maybe fall in love with her at this stage then divorce needn't even be needed. However, while you're making these efforts keep your eyes open and if she engages in acts of cruelty then keep gathering them as proofs. But try to make it work for atleast a few months and if it doesn't work file a contested divorce (don't be scared of threats) if she doesnt give MCD.

anny 20 July 2015

Thanks anand , i want to know that if i gather all the proofs then how much time will it take me to get out of this? And can they fakely accuse me of doing something wrong with them or thier daughter ?

deepa 20 July 2015

My friend without his knowledge got married with a girl who is suffering from RP probleṃ 6 months back... later he came to know that a person who is suffering from this problem will slowly loss her eyes and it gentrational probleṃ.. will comes to her kids also ...... will he get divorce easily on this medical grounds

Ompal Aggarwal (Advocate) 29 July 2015

Mr. U were not child who can be forced to do what he not want to do.u not only destroyingher life but ur life also.Now u r blaming ur wife or in laws. Better try to understand her feelings tells ur feeling n that to with positive thinking. Taking divorce is not easy n takes many years.Better try to save ur marriage n ur happyness