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narasimhatrivikram (a)     14 April 2008

Need Help in taking Divorce

Hello All,

I am from Andhra Pradesh. I am going thru really tough phase in my life and so I need your advice. It's all due to my wife and her parents.

I got married 2.5 yrs ago. But not even for 3 months we lived together. I was not at all interested in marrying her.

When I went to her house with my parents to see the girl for the first time, she was ok but after 1 month when I saw her, I did not like her.

There was a gap of more than a year between this and marriage. In that 1 year I told my wife many times that I am not interested in marrying her.

Then she said that she going to die if I am not going to marry her. As she said like this many times, I felt pity for her and got married and thought I can adjust with her some how.

After 2 weeks from the date of marriage, I left to US. In that 2 weeks time, when I touched her, she took a knife and threatened me that she is going to kill herself if I touch her.

At that time she was pursuing her final year degree and said that she is going to join me in US once the exams are over. Her exams got over and when I asked her to join me, she said that she does not want to come to US and if I am interested in her, she demanded me to come to India. It happened like this for more than a year.

When I was in US, I use to get many calls from her and her parents that her health condition is bad due to bleeding problem. So, I came back to India to look after her.

Her self and her mother forced me like anything to participate in intercourse even though she has this bleeding problem. As she was suffering with this problem, I don't want to participate in intercourse with her and I said the same thing to her, her mother.

Due to this, she insulted me in front of a bunch of people that I am an impotent. I got deeply hurted due to this.

After coming back to India, when I took her to a doctor I came to know about her health problems. She has many health problems. My in-laws cheated me. Before marriage itself they knew about their daughter's health problem and inability to give birth to a child.

When I informed her mother about her daughter's health problem and inability to produce a child, she literally said that they knew about all these problems before marriage itself.

Doctor suggested that she has to undergo many operations in order to produce a child. Even after the operation the chances of producing a child are very less, doctor said.

After the medical tests, her mother took her to their native place and till now she did not return. This happened some 9 months back.

My wife's family has criminal back ground and my wife's mother said that they are going to kill me and my family if I am going to give divorce to my wife. I am very much worried.

I want to get separated with her.

Can I take a divorce with the above mentioned grounds? Please suggest.

After marriage, continuously for 14 months I did not live with my wife. And now from last 9 months I am not living with her.

Kindly let me know when can I apply for divorce. Is it better if I apply after 3 months so that the desertion will be continuous for one year.


 5 Replies

Prakash Yedhula (Lawyer)     16 April 2008

You can apply for divorce on the facts stated by you. You can also wait and file it after the completion of two years seeking divorce on the ground desertion too.

Guest (n/a)     19 May 2008

Hi, My name is Rajesh. I am from Mumbai. I would like to discuss about the serious matter which is related to one of my very good frind. My friend married 4 years ago. Initially he and his wife were living happily some where not near to his laws house. But one thing was sure that his mother in law was very smart from beginning. After 4-5 months of marriage his wife and his laws insisted him to change the flat and to stay near by their house. So, my frind agreed and started staying to their house. Just for the sake of his wife as both were working, so some times his wife becomes very tried and couldn't cook food for my friend. So for her sake my freind changed flat to near by the law's house. But after few days his wife started to take less interest in their family matters and strated to dicuss each and every things from her parents. She even strated to abuse and scold to my friend. At starting his laws also took my friend's side and said don't worry we will make her undertsand. But later the things went worse. Then we suggested him to change the flat and reside far from law's house. After facing many difficulties he was able to change the flat. But now the laws were totaly against my freind and they even started disrespecting him. And then the things become more and more worst. Then after few days his wife was about to conceive a baby. Even then there were some complications with her and doctors suggested to drop the baby. Then we came to know that she was having many disfunctions in her body. Finally she gave born to a child (daughter) When my frind went to meet his daughter they shut the door in front of him and didn't made him to meet him with her daughter. Then my frind filed a complain to the parivar paramarsh kendra and then again he changed his flat. Now he was having only one demand that his wife also start staying with her. But that never happened and even once she brought some road chaap boys to my friend's house to take all the stuff that was given in the marriage like tv, almirah etc.... Now i guess it has been 2.5 - 3 years my friend has been leaving seperate from his wife So now he wants to take divorce. Kindly suggest on this..

amit gupta_lawyer (lawyer)     19 May 2008

hi ,
this answer is for narsimbh,
well you are messing up your case on your own by somewhere stating urself culprit and some where your wife as culprit for the failure of marriage. so i advice u that you can get what u want but please take advice of a good lawyer for taking divorce otherwise u messed up ur case on your own

amit gupta_lawyer (lawyer)     19 May 2008

well rajesh as per facts produced by u here i advice u that ur friend can file for divorce on ground of mental cruelty.

Guest (n/a)     31 May 2008

hum co smiple mutul consent divorse

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