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(Guest)

I want to divorce my 3 months pregnant wife

Sir/Madam, Please suggest how to get divorce from my wife who is more than 3 months pregnant. I'm 30 years old & my wife is 23 years old..We got married before 8 months & just after one & half month, i came to know that my wife had an affair for around six years with someone i.e. from 15th year to 21st year of her age..she started having physical relations with that guy from the early age of 15 until they broke up in her 21st..(around one year before our marriage)..she also told me she had once pregnancy & then aborted it..or may be took some medicines..her metra is weak as per doctors..but she claimed it's because of just weakness..my wife told me all this while she was drunk..( same day i came to know she takes hard drinks also)..She also told me she can't forget her first love so early & i have to wait for some time to be accepted by her totally..I observed her first love might be a jerk who left her after using her..even my In laws were also aware of all what happened..However, I couldn't bear all this..but i took a break..& next day accepted her with her past & forgive her..my only condition was that she will never misbehave any of my/her family member by remembering her past..(She told me she got changed after break up & started misbehaving her family & some close relatives).. After about one month..she started misbehaving me & my parents..even my relatives..in the same manner she used to do with her family.. this misbehave includes..abusing me & my parents..physical & mental torture.. trying to harm self..scaring me that I'm going to suicide...etc. I approached to her parents & told them whole incidents..at first step they told me they are not aware of any affair of their girl..but later on, they started insisting me to leave her past..I gave my wife & her parents 3 more chances to get recovered from her past & correct her mistake of misbehaving again & again..but around 3 months back, when me & my wife had fight..i called her parents to come but they refused to take her child back to their home..then i approached mediator, who brought her parents & took their child back to their home..after about 15-20 days.. i came to know that my wife is pregnant..i frankly told them that I'll never compromise & if my wife or her parents wants to nurture the child they can have it & if they don't..i will take my child back but not my wife..(Abortion is illegal in our society) Now, my wife & her parents are pressurizing me to take my wife back or else giving me threats that they will file suit of dowry, violence etc. against me.. I have recorded some calls of my wife & her mother in which both are abusing us & planning how to scare us.. Please suggest what should I do as this time I'm very scared about my parents..I know I'm not wrong..but still I'm being pressurized to compromise.. because everyone is saying law is in favour of women..


Learning

 6 Replies

saravanan s (legal advisor)     20 August 2016

First make an NC in the police station about the behavior of your wife mentioning the fact that she is bound to file false case on you.as far as her previous affair is concerned since it had happened before your marriage you can't make any complaint about it now.but you can gather proofs for the cruelty committed by her and your in-laws and can file a contested divorce case on the grounds of cruelty against her after a year from the time of marriage

Wilson Mathew   20 August 2016

Please approach the Family Court at the earliest and file proceedings for divorce. See to it that your lawyer takes all the grounds available as well raise the ground that your wife may implicate you in false Criminal cases. If your wife files a criminal complaint us. 498-A subsequent to your filing of a case, you can be protected by the Court of law on the presumption that she filed a false case as a counter blast to your petition for divorce. Also you get benefit of not being arrested as laid in the case of Arnesh Kumar Vs State of Bihar (Supreme Court).

A walk alone (-)     20 August 2016

First file NC in the police station about the behavior of your wife mentioning the fact that she is bound to file false case on you. You can file divorce on the basis of your evidence. No need to compromise if you dnt want.

(Guest)
I approached nearby police station for NC/FIR..but they refused to take our complaint & instructed me to go to women cell..when I approached to women cell..they told me to go to Police Commissioner as he will mark complaint to them.. Also, i was told that my wife has the right to transfer case of women cell to her city i.e. around 180 kms from my location

whatnot   22 August 2016

Marriage is done with a good intention of brighter future and past is condoned.

If her past was not disclosed one may feel cheated. But if the mater of fact is that she hasn't established or contacted to go back to her beau, then you're punishing her for her past activities and have lost trust or zeal to live with your wife. Morally that is reprehensible.

But like any man whose ego hurt (if she says her true love is not her husband) you seems to have started looking from prism of she being fault at all activities.

In modern times, one would know all habits of their partner before marriage(with incessant chatting , call during prenuptial time). You may seek a legal course. But I think you will still end up looking option to hurt her, rather than live and let live.

Pray she doesn't get some smart lawyer.


(Guest)
Thanks to all for suggestions.. As advised by my relatives and for the sake of my unborn child, i gave my wife one more chance to come & live happily. I brought her back in my house on 28th of August, but same day i came to know that she has one more affair with some guy residing near her house. When deeply investigated, i found that both have affair before our marriage but my father-in-law refused to marry his daughter with that guy due to his lower income. It was her second affair before marriage, which continued after marriage also & came into light when i checked her WhatsApp messages. My wife claimed he is just a good friend of her & later she confessed that she was attracted to him because of my negligence towards her during our dispute when she was at her paternal house. But she didn't confessed that she had affair with him before marriage also. Again, i gave her another chance as she was pregnant by 4 months & gave her extra care & affection during that period. Instead, I took away her mobile. In the month of Feb, she gave birth to a baby girl. Hardly after 15 days of delivery, she & her mother (who stayed at our home for 3 months till delivery) started yelling that they have to go to her paternal house for a month. I denied that as per rasam, you should not go anywhere before 40 days after delivery. But one day, she and her mother both started scaring me that they will kill my baby girl & my wife said again that i will commit suicide & went on the terrace with baby. I was alone at home & then i had to let them go & after that informed my relatives & father-in-law about the whole incident. My father-in-law did not say anything & disconnected the phone. Later on, i came to know that everything was well planned. I found a Recording in which my mother-in-law was saying to my wife that she has to go to her paternal house in any situation & they will do it surely by any way. After one month i called my wife to come back but she asked me to come to her house & take her back. I approached again to my father-in-law & he again disappointed me by saying that he has no time to listen to me. If i want my wife & baby back, i have to come there. In the month of April, i went there to take my wife & baby back to home without asking any question because this time i was very well-known to their whole family that they all are fool. But this time my wife had mobile in her hand which she had bought from there. After exact 22 days, my wife again started misbehaving & abusing me & my father just because AC was not working & mechanic did not come that day. I scold her that it's enough now. You must change your behavior or else you may leave this home. She immediately called her mother & told me that her mother is saying she is coming with 10-15 persons & all of them will beat me & my father. Then i too lost my mind & call her father to come & resolve the matter or else warn him that I'm calling police. Next day, he came with his wife & sister in law to get her daughter back again. He politely told my father & my uncle that this time he will close the matter permanently (divorce). Please give us 8-10 days to prepare. He asked her daughter in front of all whether she's willing to live here or not. She immediately replied, "I want divorce". Then, he took her daughter back by saying that my daughter is very unlucky & fool. Let her do what she wants. One day she will regret. Today, almost 4 months are passed, me & my relatives called my father-in-law & even my wife number of times to sit & resolve the matter. But every time, they respond that they have no time yet & they are not interested in any meeting. I even warn them, that I'll file suite in court but they said "Do whatever you want to do". My wife has now changed her mobile no. also & didn't shared it with me or any of my relatives. I know if i will file suite, they will get it transferred to their city & then i have to travel there on every hearing. Even these type of suites will take around 5-7 years & i have to bear my wife's legal expenses & maintenance also(as advised by some lawyer). I don't want to live with my wife now. But I'm not able to get rid of her too. I'm helpless as i have no lady in my family. Me & my father both are not able to do household work & we can't rely on maid for everything & everytime. Some of our well wishers are advising me to get married confidentially & once the matter will get resolved, bring it into light. But i don't want to take any risk in this matter & also don't want to spoil one's life. Please advise what should I do. Regards

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