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Lookingforpeace (Nothing)     27 December 2013

Leaving my wife

Finally I have decided to leave my wife. Should I inform police and leave her?. I want to live my life peacefully again. Since filing divorce is not possible till September 2014. I cant bear all non sense tortures, possesiveness and abuses

I dont mind getting false cases 498A,DV. Because I have each and every transaction details and written documet from FIL.

 

Thanks



Learning

 21 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 December 2013

Dear Querist

What is the reason to leave her?

Lookingforpeace (Nothing)     27 December 2013

She abuses me whenever I visit my parents home. She tortures me like hell. She house arrests me when I have important meetings. She threatens to suicide. I dont want to revolt against her right now. She wont listen to anybody. Controlling and coping with her is like a hell.

I feel this relationship is deadly dangerous. Am loosing my physical and mental health day by day. No body are happy.

Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 December 2013

Dear Querist

file a divorce case before court under section 13 (1) (ia) of Hindu Marriage Act along with an application under section 14 of HMA within one year.

Lookingforpeace (Nothing)     27 December 2013

But Sir, The one year will complete only in september 2014.

How can I file divorce?

Chandra Shekhar (Sdc)     27 December 2013

Dear sir,

Then what is left over in life if u divorce again.

With my experience i am telling you that you will be left over single all your life?

I feel sorry with the situation your are facing now.

Some thing is better than nothing.

Lookingforpeace (Nothing)     27 December 2013

Dear Sir,

 

Its like hell living with her. I wont know when she will love when she will hit me.....Am been crying for almost a week...Dont have peace...I dont want divorce...I want to set my self free ....I really dont want to marry again...I want to live for my parents and my future....

 

Please help me..

 

Thanks

lawagaintmen (xyz)     27 December 2013

be careful you can just cant leave her. forget all 498a and all leaving a wife and throwing her out of house is also domestic violence and evidence stage will come latter before that you have to suffer. if you want to leave her you have to giver her house and equal status. i have been through so i know . if you disagree you can ask experts also

Lookingforpeace (Nothing)     27 December 2013

Yes Sir, I agree....We have been rented a house and I have furnished fully.....I dont mind paying rent for that  and alimony...So that she can live in there....

 

Now please advice....Can I leave her with intimation to Police or through a legal notice....That I cant live with her anymore...I will apply divorce...

 

Please please advice

ashwani (account executive)     27 December 2013

dear


Please record all the communication by any gadget voice recorder & video recorder for the evidence of DV. You can't leave her without her acceptance and also she can’t do this. If she will file any case then you have many prove to justifying about her behavior. do carefully all the recordings. She is not for you. Take care bye. for shake of your life you have to do it.

 

Need Help... (MIS-Executive)     27 December 2013

Dear Looking for peace,

I m not a lawyer, But my personal experience.... First of all dont cry... Sou Sunar ki aur EK Lohar Ki.... Keep Moving Forword.....

As u said ( I don’t want divorce...I want to set myself free ....I really don’t want to marry again...I want to live for my parents and my future....) its very good ... Can i ask you ?... if you both do that then... ?

U do not mention your marriage period as per ur previous post or same post u mention in Sept 2014 assuming ur get marriage Sept 2013, Means only 3-4 months.

Don’t pretend as ur going to divorce her, Just find her cruelty, Like Video recording Her behavior, Voice Recording Her Phones, Communication with Her Family, Friends or others make ur ground clear…..

As u said u r living separately, not with ur family, Don’t react on her any action like any domestic violence, keep calm, wait and watch. If she abuse u please record all but u don’t abuse her. One more & important thing Consult any psychiatrics for psychometric testing take all report and keep in ur locker. If there any treatment plsss carry this treatment. Try to go for meditation do some yoga.. so u can control ur anger…. U know The Anger means D anger (Danger)

Side by side give her more time… don’t see her cruelty only… See some good things in her… Give her freedom to do thing which she likes.. but keep in ur knowledge… If u give her freedom but obvious she give u also… Whatever she done please appreciate her… may be ur love will be change her… and she also give u respect… Respect is increase by given and taken. Just give time to her so she also give u what u want. Means "peace of mind." If she wants to go her parents house… send her but please make a note about how many days she staying there… Record ur phone call conversation when you both are apart. I give u list of cruelty.. Make fit u in this… and go for divorce u have much time till September 2014….. If she change so u safe with ur freedom… and if she will not change also u safe with ur freedom cause clear Divorce ground with u….

My self also same situation but I done more mistake than u… Here in India Law always with girl (women), if she said any thing wrong against u… u and ur family goes behind bar… Remember always…. Play safe… And stay safe…. May be its help u.....  

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

* If the husband has indulged in rape, bestiality and sodomy.

* If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

* A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

* If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Good Luck and Best of Luck..... (GL & BOL)

Lookingforpeace (Nothing)     27 December 2013

Brothers,

Am in such a condition....I want to run away anywhere on the earth.....She is tremendous in finding small small things and pick up fight....Make me hurt for hours....She wont leave to her parental house too...She wont listen to her father too...She is adamant....Feels like she has come to end me with these tortures...

I really cant....really cant live with her anymore....

lawagaintmen (xyz)     27 December 2013

i think you need a marriage consul beacuse even court will not allow you to file divorce without completing 1 year. and eve i divorce they will ask to reunite and if she will object to divorce say minimum 5-10 years are gone. so all the best this is india easy to get married hard to take divorce and remb  even she will have her side of story that may be megisitate uder stand so rest your wish. i being a well wisher telling you to take advice ad try to work out. and who ever is saying recording n all. their is always two side things when you will say somthing so court consider both aspects

Lookingforpeace (Nothing)     27 December 2013

I really dont want decree Brother....Am looking for peace thats it....

I really want to run away....Will Law stop if I dont have interest and she has interest to have relationship with me(dangerous)....

 

Please advice


(Guest)

@ querist,

who is forcing you to live with her?


Do anybody is saying you to live with her on gun point? if not then why you are making hue and cry in your own life.


My dear freind when you are able to give her accomodation and maintenance to her then for what you are afraid off.


No law or court force any two creatures to live with each other.If you are not happy then boycott her as at the end of the day happiness matter.


You have only one life and you can't experience with your own life to satisfy the public or society or to please her in terms suffering by each day.


Marriage is a lottery if you win you will be paid out and if you loose your initial money,hope expectations all goes in vain.So,don't get frustrated every individual has his/her fundamental right to live with peace and prosperity and in this No women or Politician Law can harm you.


Just do what ever your heart says and follow the truth of happiness without sacrificing your life as no body is going to pay for your sacrifice.All are here spectators and they will just clap on your each weep and cry.


There is no point that you can't get your peace and happiness.So stay cool and calm and fulfill the criteria of such biased law.


In legal point of view file sec-10 for judicial separation right now citing each and every point through which you are going on .


And the Man who fear about 498A or DVA are real supporters of this misuse of law.


As their wives and in-laws know that my Damad and family are fattu,so after filing 498A they will come on my foot and then I can extort them and fulfill my wishes.

But those who are fast and furious and fearless enough to not bow down with these cheap 498A also.....they are the real Man who knows that what a manhood belongs to them.


Here I will not elaborate each and everything as I have done number of times on this forum,.If you are interested then you can go through my post and find out how you can tackle all these.


With best wishes,


(ESIS)


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