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Tinu_wizind (abc)     28 September 2014

Filing petition

Hi, I'm in the verge of going to divorce my wife. All attempts to reconcile have failed. I want to file a petition for divorce but here are my problems or hurdles:

1. Wife doesn't want to go anywhere and not even to her parents house. Because she fears i may ask her not to come back to the house where we are staying. But that is not so. I want to tell her in a legal and proper manner and get divorce

 

2. she has left her job purposefully.

 

3.  She blackmails me to hurt herself if i go and speak about our failed marriage and divorce at her parents house and also doesn't allow me to go out of town for any work.

 

Except for my job i'm unable to move out anywhere because of her mental harrassment and blackmailing to hurt herself.

What can i do in such complex situation? requesting advice.



 5 Replies

Tajobsindia (Senior Partner )     28 September 2014

@ Author,


1. You donot have specific (enough) grounds to seek divorce as per outline facts mentioned in your brief. 


2. Think inward and by which my advice is, you should try to create such cordial situation that you and only your wife sit together and sort out your marital differences. It requires patience and fine handling of issues by spouses themselves. 


BTW, A divorce can be filed by one spouse upon other while living under same roof except cohabitation should have been stopped between them which is pre-condition and Court process can be served in same home too in such case. She has right to live in a shared household. She may or may not get maintenance which she may then claim based on advancing respective parties then argument/evidences. Husband cannot expect wife to go anywhere even to her natal home if she has no such wishes of going. Husband cannot force his wife to continue in her job. 


3.
Suggest to contact a local advocate found via reference and discuss with h/er each and every marital incidences and seek advice if they constitute “mental harassment” resulting into one party filing for 'divorce' on such grounds.

 
[Last reply]

Tinu_wizind (abc)     28 September 2014

The reason for this step of mine is due to abusive nature of wife, disowning my parents, abusing whenever i meet parents/relatives, trying to establish control over me defying my personality, complete self-centeredness in her behaviour/attitude, blackmailiing me if i try meeting her parents and talk about our problem, no friendship like realtion between us. (no kids)

Tinu_wizind (abc)     02 October 2014

The reason for this step of mine is due to abusive nature of wife, disowning my parents, abusing whenever i meet parents/relatives, trying to establish control over me defying my personality, complete self-centered-ness in her behaviour/attitude, blackmailiing me if i try meeting her parents and talk about our problem, no friendship like relation between us. (no kids) She has never contributed in building conducive environment for physical intimacy. Due to this i've lost all interest in her. Did not cooperate in marriage councelling also.

So, attempts to reconcile have failed.

I want to file a petition for divorce.

 

1. Wife doesn't want to go anywhere and not even to her parents house. Because she fears i may ask her not to come back to the house where we are staying. But that is not so. I want to tell her in a legal and proper manner and get divorce

 

2. she has left her job purposefully.

 

3.  She blackmails me to hurt herself if i go and speak about our failed marriage and divorce at her parents house and also doesn't allow me to go out of town for any work.

 

She doesn't even talk about the our problem in a sane manner. Rather she shouts on me and abuses my people.

What can i do in such complex situation? requesting advice.

Tinu_wizind (abc)     15 October 2014

--Wife shouts and alleges that i haven't taken care of her properly and threatens to hurt herself if i talk of divorce. 

--And my in-laws avoid any contact with me and my people to avoid talking about my failed marriage.

--Wife doesn't want to move out of house even when she know that this is a failed marriage.

--Wife also threatens to hurt herself if i go out of city.

What can do in such complex situation?

Adv. Chandrasekhar (Advocate)     15 October 2014

First, I could not agree more with the suggestion given by Sh. Tajob.  If it is not working out, then you are caught between the devil and deep sea.  You engage a full time maid at your home, so that if you take any legal steps, that your wife would not harm herself in your absence and appraise your maid to see to it that she would not harm herself.  Then file a NC complaint in the area police station explaining her threats of self-harm.  Then, go and file divorce petition on the groud of cruelty.  No doubt, by engaging a maid, you may be inviting one more pernicious allegation against you and your character.  Keeping this thing in view, choose such type of maid to obviate any such allegation.  But prepare to face some criminal/quasi-criminal/civil cases she may initiate against you.


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