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Pramod Saini (Computer operator)     08 May 2013

My wife is characterless, how can i proof ??

I am very sure, I need divorce but doesn't want it. she wants to make money.

I know & have seen myself and my family member that she is fully charactorless. Just want to know:

it is going to complete one year on 12 June 2013 so want to start divorce process.

How can I proov that she is charactorless or there is any other way to get divorce easily??

please suggest full process and how much time & money it will take ??

I was a good earner before marriage but after seeing her charactor I mentally disturbed so from last one year I couldn't earn anything.
Just started with 6K per month in a local company.

Regards,

Pramod Saini



Learning

 43 Replies

mohd nafees (hij)     08 May 2013

u should have valid proof of it like vedios,pics,letters...etc.....waise its too difficult to prove it.

Tajobsindia (Senior Partner )     08 May 2013

1.    Casting a person as characterless falls under very broad term.

2.    Simply alleging ‘I and my family knows’ is also like pushing oneself from saucepan to fire.

3.    One has to be very careful and be specific with once allegations least it backfires at some stage.

4.    Proofs of characterless of a person are very difficult to collect and remain expensive and time consuming process.

5.    Assuming marriage under HMA ‘allegations on other spouse being characterless’ is not even ground enough under HMA other than alleging charges of ‘adultery’ if alleged which is again bigger issue and evidence of silver quality required to prove it.

6.    I suggest you carry on with your career and looking after parents and meanwhile collect proofs of her characterless and discuss those proofs with a seasoned advocate found via reference if they are enough to get decree in divorce before jumping head on.

7.    One of the trial Court in Delhi granted divorce on mere allegations supported with pics. of very very low revealing dresses worn by bride during couples honeymoon upon allegations of mental cruelty by husband hinting characterless of other spouse which I feel was one of those rare times when ld. Judges see that the marriage is dead for all practical reasons but then such decrees are not that very common to seek now-a-days.

8. Open joyous talking with neighbor hours at end from balcony – across doors; for some conservative families may hint of characterless DIL – wife, but in reality difficult to prove in a Court. Having hundreds of male friends in social media and chating hours together with them; for husband's he may jump on rooftop as having matrimony with a characterless wife but again it depends on personality to personality. Friendly talks with washer man - milkman - veg vendor hours together by a newly wed bride for some conservative families hints of DIL’s characterless nature but again difficult to prove within ambit of ‘grounds for seeking divorce’. Newly wed bride talking hours on phone or SMSing male friends AND/OR newly wed bride interested in watching p*rn privately is also considered by some conservative husband(s) as having characterless wife. So think over about some of these hints and reason out how bad your matrimony is hit if one spouse is extrovert and another not able to catch-up etc. etc. then act as acting in haste under prevailing family biased laws is not at all suggested for a 6 K earning husband, remains, as some of my views in reference to context.

3 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 May 2013

Dear Pramod, I totally agree with above reply. You must reconsider you problem. Talk to your wife instead of publicing the problem. have faith everything will be alright. Please speciically ask a query, what you have seen?.  you are assinating the character of your wife. you yourself is not clear.

 

Regards

 

Rajiv Bhasin

Advocate

bhasin.laws@yahoo.com

9811210505

stanley (Freedom)     08 May 2013

I disagree with the above .As the author of this post is interested in divorcee .

Originally posted by : Tajobsindia

2.    Simply alleging ‘I and my family knows’ is also like pushing oneself from saucepan to fire.
 

Tajobs could very well advised you as per his previous posts to seek  divorce based on ‘grounds’ of  'mental cruelties' by filing a suit for dissolution of marriage while living under 'same roof'. It is not necessary that spouses needs to move out from each physically to avail grounds under S. 13 HMA.


Now based on facts before us these are what you need to prove under'mental cruelties' grounds and they are not that tough to prove.


- Not looking after / serving guests at matrimonial home.
- Not looking after / serving relatives at matrimonial home.
- Not looking after needs of husband as wife's duty.
- Not cohabiting as husband and wife regularly (a marriage without s*x is anathema).
- Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her hsuabnd every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground)

Witnesses are your friend(s) and relatives / family members for first two pointer and for last three pointers your cross examination under oath are sufficient.

;);)

Pramod Saini (Computer operator)     08 May 2013

@Rajiv Bhasin: I have seen, and committed suicide some time. We cannot live with each other & she also knows that so she is just saying to she want to live with me but not coming from her home cause she knows I know everything and I am also just saying "I am ready to keep." cause I don't want my family goto jail. Just let me know, How can I go for Divorce & she is very evil (doesn't have any gilt) so will file case so let me know: what can she do?? is there any way to save my family, except keep her?? any way to keep her away from me?? I will be very thankful to you, please help.

Pramod Saini (Computer operator)     08 May 2013

What can be happened to me most??

I am ready for any punishment even Hang or Life Imprisonment.

But want to save my family members & want to get divorce only.


(Guest)

One was is to keep your head low and start collecting proofs of alleged infidelities.So they would be ashamed to go to police station if you have evidences.

Pramod Saini (Computer operator)     08 May 2013

I know its too difficult to proof her charactor.  I want to if there is any other way to get divorce.

what kind of evidence I will need for definately getting divorce??


(Guest)
Originally posted by : Pramod Saini

I know its too difficult to proof her charactor.  I want to if there is any other way to get divorce.

what kind of evidence I will need for definately getting divorce??

There are lot many ways to get a divorce.


But court will look only into evidences on basis of which you seek diovorce for eg, she is adultrous in nature.. provide proof of her sleeping around with men.  She has mental illness.. show prescritions, her past medical record.. etc


Without evidence, it is very difficult to get divorce.

Harsh (Manager)     09 May 2013

@author,

we know 'characterless' is not just about having a physical affair but our indian law describes adultery strictly in physical sense.

So you should focus on cruelty factor - desertion, not interested in marital obligations, intentionally hurting you by flirting with other guys, disussing your family personal issues with her 'boy' friends, spending more time with other guys than you all these are not adultery but will build your cruelty case. Your advocate should take the 'ideal indian family' (which is common to all religions in our society) as a reference and show how much she has deviated and hurt your sentiments.

I dont feel that only SC should set a precedent to every cruelty type - a strong advocate can argue and set new precedents at the lower family court itself.

First gather conclusive evidence (her interactions with multiple guys not just one odd guy, preferably WRITTEN like SMS< facebook comments etc. etc.) or take photos/videos of her getting close to other guys - it can't be adultery but it can be cruelty. (Compare: improper touching by a guy is s*xual harassment, so improper advances by a girls should be cruelty to the husband, not to that lucky guy :))

and then file for D under cruelty grounds. You do have grounds to build your case, so first build it. and as any one else, be ready for the return gift of 498a.

Many lawyers would be reluctant to take day to day events (like not cooking, flirting etc.) on cruelty grounds as they are not confident of proving it in court.

Ultimately it is your advocate who should translate your events into cruelty and convince the judge.

OR ELSE , if you are lazy and dont want to move,  just relax, wait and watch, dont be in a hurry for D, let her blink first. live your life, find a new partner and wait for your wife to file cases/Divorce etc. Such girls are so adamant and insecure they dont care for reasoning, you are beaten from all sides. your only option is to go down and THEN get up.

Enjoy your life.

Pramod Saini (Computer operator)     09 May 2013

@Harsh

Thank you very much first for giving me a 

Pramod Saini (Computer operator)     09 May 2013

@harsh

Thank you for giving me a hope & I was really thinking that she can do anything & I can't even complaint.

here is my almost full story: https://www.lawyersclubindia.com/forum/Want-to-save-my-family-79067.asp

its 33 Days and 06 Hours 59 Minutes 30 Seconds Remain from now to complete one year.

I will file case to save my family when she file case. please suggest me, what other I can do so my family will not need to involved in the case she will do.

what is your mobile number & where are you working as advocate ??

 

Regards,

Pramod

Amit (NA)     09 May 2013

You should try to get AB for your family in case she files criminal cases.

Get rid of the property on your name.

N.K.Assumi (Advocate)     09 May 2013

Just what do you mean by characterless?or are you hunting for evidence against her in this forum? Making wild allegastions against her will not be good for you. I absolutely agree with Harsh suggestions.


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