Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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JPMorgan789 (Owner)     30 August 2012

My wife is asking for divorce

 


Hi Friends, 

    I need help from you. 

 

I previously posted a topic on this site. Here is the link.

https://www.lawyersclubindia.com/forum/I-need-divorce-from-my-wife-63569.asp#.UD5w8MEgfSk


As per your suggestions we asked a mediator between our parents. He called her parents to talk about our being together.

     On Aug 15th her father and our mediator met and her father started to blame me and my family, then this middle man asked him "what about the mistakes you have done?", immediately he said "give us divorce" and walked away.

    On 26th she mailed me about my whereabouts. Then I asked her why did your father asked for a divorce and she told me "I told him to ask for divorce". so I asked her "is this your final decision" then she did not replied me. I again mailed her "i am ready to give you divorce" then she replied "did I told you my final decision". 

    Help me, I don't know whether she is playing with me or it was her intention. If she asks me for divorce then I should not have told you this. After 5 months of seperation her father is asking for divorce and she is not telling me what is her intention / her final decision.

       I am not in a position to judge what is right or wrong or to think  what to do. 

       I have her replies in my mail. (They (her parents) asked for divorce many times and the last 2 times she was the reason behind that). Can I take this as a ground and apply for a divorce. 

       They asked for divorce from the beginning of our marriage and after seperation also they did not changed their words, state of mind. Am I left with nothing?. 

Why they are playing like that? It is a game for them. 

If they asked for divorce they should stick to that.

Then she mails me about our being together and everything. If I replied then she says I dont want to live with you. you have not changed. 

we were seperated from 5 months and there was no change in her.

May be I did some mistakes but always asking for divorce may not be the right thing.

after asking for divorce so many times I was reluctant and vexed with her.

Please show me some way, light, path. 

 

Thank you very much.



Learning

 5 Replies

shamim (computer operator)     30 August 2012

Dear Friend,

I am also sailing in the Same Boat like you, I am also facing the same problem from last one Year. Every time they my wife and their parents blacking mailing me in the name of Dowry case...and one time they book a police complaint as Domestic violence.... i have comprised there because of my 18 months daughter. After that she again came to my house and stayed for 8 days and left...now its 2 1/2 months she is in her mother's house and not coming to my house nor giving me chance to meet my daugher nor showing me to my daughter. I have informed the same to the police station where we comprimise our case. They told that we can't help in this regards...because there is no law for Victim Husbands in India.

I am also very much worried and in tension and i am helpless...if we do something socity and police feels it as a crime. Some of my friends told me to consult a Lawyer. My advise is that u also consult a Lawyer...this all a Bluff game, we innocent person can't do anything.

A.V.Pattanashetti (Advocate)     12 September 2012

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stanley (Freedom)     12 September 2012

 

Dear Pattanashetti , 

Please follow  BCI Rules:- "36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations,furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of worker or that he has been a Judge or an Advocate General. That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961."


Dear J.P Morgan

There are some grounds to File  for Divorce if it is just flimsy grounds dont even bother than tell her to go ahead and file .The grounds mentioned are as below .

The Indian judicial system has initiated proclamation of various personal laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate marriage acts and grounds for divorce in India.

The various grounds for divorce in India.

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.

Based on the Dissolution of Muslim Marriage act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India.

  • The husband’s whereabouts are unknown for a period of four years.
  • The husband has failed to provide maintenance to the wife for at least two years.
  • The husband has been under imprisonment for seven or more years.
  • The husband is unable to meet the marital obligations.
  • If the girl is married before fifteen and decides to end the relationship before she turns eighteen.
  • The husband indulges in acts of cruelty.

The grounds of divorce mentioned under the Indian Divorce Act, 1869.

  • Adultery
  • Conversion to another religion
  • One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
  • Not been seen or heard alive for the period of seven or more years.
  • Failure in observing the restitution of conjugal rights for at least two years.
  • Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
  • Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988.

  • Continuous absence of seven years.
  • Non-consummation of marriage within one year.
  • Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
  • Pregnancy by some other man provided the husband was unaware of the incident during the time of marriage and that he must not have undergone s*xual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.
  • Adultery, bigamy, fornication, rape, or any other type of perverse s*xual act.
  • Act of cruelty
  • Suffering from venereal disease or forcing the wife into prostitution.
  • Sentenced to prison for seven years or more
  • Desertion for two or more years
  • Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.

 

stanley (Freedom)     12 September 2012

Dear Shamim,

Through Gaurdians and wards act you can file for visitation rights for your daughter and nobody can stop you from meeting your own biological Daughter  .

shamim (computer operator)     12 September 2012

Stanley Sir,

 

Thanks a lot for your help and advise. I will concult a Local Lawyer. But, my wife and their parents always threatning me to put a dowry case and Harresment case. I have informed the same to police that my wife is threating to put dowry and harresment case. How can a women mis-use their power like this...? is there any law for men? I am ready to co-operate with police and if they will enquiry about the matter and try to know the fact.


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