Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajkumari   09 November 2015

Is divorce possible without wife consent?

I'm a 33 yrs old and having a baby boy 2.5 years old. I married  on  June-2012 and currently home maker. My Husband is C.A and  working in MNCs.
This was a Hindu arranged marriage but i am not having marriage Certificate.
My Laws behaviour was very bad with me and my husband beat me also , many times i use to come my parents house then my husband come here and do commitement that he will not do again taken me back. I was working also working in Telcom company and my husband want to take my salary . For my faimly consolidatio i did everything Right after one year i blessed with baby boy i dont want to do job but from my laws pressure any husband pressure i had to do. My baby have not been getting proper take care for everything i decided to leave my job but under pressure i had to carry on. Messup was going on by my laws side many time my mother-in-law soughted on me but my husband supports me that its her nature but it was agin agin going very rough and abousing i was saying continusiouly my husband it is unadjustable but he was ignoring agin and aging. many time i went my parents house and under love and affection of my husband i came back. on 23rd march 2015 my husband told me to get out from his house and trying to get baby from me but by luck he came in my lap I had come my parents . on 26th March 2015 I had resignd from my job due to baby care. during these days i need to hadover at my organisation i have to go to the office and i husband pressurise me dont handover anything but it was urgently. My husband to told if i will not avilable at home he will take out baby forcefully. I instructed my perents in my absence dont give baby to him. During this period my husband came at my home and create damange of glass door and hurted to my mother or aboused my father once i reached at home damed has been done and FIR loge aginst him. Then everone asked my concern i told i love my husband alot i want to live with him but his mother is very cruciall and said on daily basis to give me divorce and do another marriage . after all this My husband come back after 40 days with lots of comittment he take me agin his home. I was agin bearing my laws messup behaviou but now my husband forcing me for again family planning and now i am not ready . I want my baby schooling from better school but he is not ready . He was forcing me for his schooling as per his concern for fees. I have had my own FD some from before marrige and some form after marriage  and told him if u dont want to spend take funds from my but he is adamend due to his parents concern even at home no financial problem . he has start to froce me from all the ways for family planning but i m not agreed . when the stuation came front of laws they also start to abouse me. On 16th Oct 2015 I have moved again my parents house . I have provided admission my baby in Mothers pride my broken my Fds and  Today he has told me for divorce again but i want to take divorce . Please suggest can he take divorce without my concern. I dont want to leave him. I want to live with my husband but my laws create big messup for me.



Learning

 10 Replies

Advocate Ashok   09 November 2015

He can't give you divorce simply. He has to file a divorce case against you on grounds available to him likes cruelty n adultery on your part.

Advocate Ashok   09 November 2015

He can't give you divorce simply. He has to file a divorce case against you on grounds available to him likes cruelty n adultery on your part.

SAINATH DEVALLA (LEGAL CONSULTANT)     09 November 2015

UR marital life can be repaired,with careful mediation and counselling.Either of U cannot take divorce without the involvement of the other..

Born Fighter (xxx)     09 November 2015

pls go for marriage counselling or involve mediation from elders and find out a better solution in interest of child / both of you. Pls stop going to parents house again and again...thts one thing you should do from your end and ur husband has to either ask his parents to stop interfering or take a seperate accomodation nearby his parents house!!

SuperHero (Manager)     09 November 2015

Originally posted by : Rajkumari
I'm a 33 yrs old and having a baby boy 2.5 years old. I married  on  June-2012 and currently home maker. My Husband is C.A and  working in MNCs.
This was a Hindu arranged marriage but i am not having marriage Certificate.
My Laws behaviour was very bad with me and my husband beat me also , many times i use to come my parents house then my husband come here and do commitement that he will not do again taken me back. I was working also working in Telcom company and my husband want to take my salary . For my faimly consolidatio i did everything Right after one year i blessed with baby boy i dont want to do job but from my laws pressure any husband pressure i had to do. My baby have not been getting proper take care for everything i decided to leave my job but under pressure i had to carry on. Messup was going on by my laws side many time my mother-in-law soughted on me but my husband supports me that its her nature but it was agin agin going very rough and abousing i was saying continusiouly my husband it is unadjustable but he was ignoring agin and aging. many time i went my parents house and under love and affection of my husband i came back. on 23rd march 2015 my husband told me to get out from his house and trying to get baby from me but by luck he came in my lap I had come my parents . on 26th March 2015 I had resignd from my job due to baby care. during these days i need to hadover at my organisation i have to go to the office and i husband pressurise me dont handover anything but it was urgently. My husband to told if i will not avilable at home he will take out baby forcefully. I instructed my perents in my absence dont give baby to him. During this period my husband came at my home and create damange of glass door and hurted to my mother or aboused my father once i reached at home damed has been done and FIR loge aginst him. Then everone asked my concern i told i love my husband alot i want to live with him but his mother is very cruciall and said on daily basis to give me divorce and do another marriage . after all this My husband come back after 40 days with lots of comittment he take me agin his home. I was agin bearing my laws messup behaviou but now my husband forcing me for again family planning and now i am not ready . I want my baby schooling from better school but he is not ready . He was forcing me for his schooling as per his concern for fees. I have had my own FD some from before marrige and some form after marriage  and told him if u dont want to spend take funds from my but he is adamend due to his parents concern even at home no financial problem . he has start to froce me from all the ways for family planning but i m not agreed . when the stuation came front of laws they also start to abouse me. On 16th Oct 2015 I have moved again my parents house . I have provided admission my baby in Mothers pride my broken my Fds and  Today he has told me for divorce again but i want to take divorce . Please suggest can he take divorce without my concern. I dont want to leave him. I want to live with my husband but my laws create big messup for me.

@ Advocate Ashok - Where is the adultery part here??? Where is the Cruelty part here??? Who made the cruelty...Just don't throw some stones in the air.

@Rajkumari - Sorry to hear your case?? Very few MIL and DIL adjust and go...

As Sainathji mentioned you can still go for counselling and through mediation, issues can be resolved. 

But both of you has to put 100% efforts and it should come from Heart.

If that is not the case, Will you be able to adjust with your MIL. Just hear it on one ear and leave it on the other ear. For everything say Yes, Yes.....but do as you like.....

Also this is a cyclone, before the Cyclone starts there are heavy winds and then heavy rain fall. If you survive through it, then everything will be peace and calm. And this too shall pass.

You have to bare her doldrums and tantrums....and then ignore....You have to be a Shakthi and have courage to face all the situations...

Now you are leaving to your Parents house, they are also worried about your Future...You should think of there age and Health too.

Marriage comes with a Package deal, in that you will get everything....Good, Bad, Ugly, Worst..

Say you get divorce, then how will you take care of your Child??

You may get Maintenance and Alimony for you and Your Child from your Husband...

That may not be sufficient, also you may plan to go for Work because of situations and circumstances....

Your Husband may request for Child Visitation...and Your Son may not understand what is going through his life....He may also yearn for his Father's LOVE and AFFECTION...

And really it is not good out there in the World.......

Please take a Paper, write all Pros and Cons...You can also think 5 years from now what will be the situation....then decide for yourself...

https://en.wikipedia.org/wiki/Helen_Keller

Helen Adams Keller (June 27, 1880 – June 1, 1968) was an American author, political activist, and lecturer. She was the first deafblind person to earn a bachelor of arts degree

May God give you More Strength and Courage during this difficult times.

 

 

Anil Upadhyay (Lawyer)     10 November 2015

Counselling shall be effective only when you both are ready to compromise and shall be prepared to forgive each other for small issues.

If, you put condition to leave his Mother or any other conditions which he can't fullfill, then it will effect your married life. Legal action has been initiated by you in form of FIR and if you want to save your marraige, then you should be prepared for compromise. Further, more legal actions can damage your married life seriously and you should took such action when you are ready for separation.

..

Best of Luck for you future..

.

Thanks

b.goheel   10 November 2015

who lodge FIR ? it is important. What is their reply to it ?
admire of ur strength to fulfil ur wish. But tht could b done at ur matrimonial home also.
no one wish tht either their parent or off-spring hs such a vast dispute among themselves.
wish god may help u to give u strength to fulfill ur desire to live with ur husband.

Rajkumari   10 November 2015

Thanks all of you. 

Dear All,

I dont want to take any legal action. My question is just " Is divorce possible without wife consent?"

Warm Regards.

R

SuperHero (Manager)     11 November 2015

Originally posted by : Rajkumari
Thanks all of you. 

Dear All,

I dont want to take any legal action. My question is just " Is divorce possible without wife consent?"

Warm Regards.

R

Yes, it is Possible..

Mukesh sharma (job )     03 December 2015

hi rajkumari i understand your prob you  svae your marriag life you love your husband than i tell you  plz tkae some time start your job at your parenmts home and also talk with your husband and understand them all you success and if you ask about divourse without wife consent then  i tell you in some case its possible so best of luck for your future maried life i hope you success thanks


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register