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sujaykumar   24 December 2016

Newly married and seeking divorce

hi Friends,

Wanted your valuable advice.

I got married in Aug 2016 and now would like to seek divorce because of the trust factor.

Reason being : 1. My wife gave 3 Lakhs to her brother by taking a bank loan from in Sept 2016. This was done without my knowledge. I came to know about this in November 2016.

2. My wife is a working lady and earns Rs. 40000 per month and stays in my house. So far she has not paid a single rupee or anything as expense during her stay in my house. When I told her to resign her job and stay at home her family members and she were reluctanct.Because somewhere I feel that her family members are still depending on her income.

3. She goes off to her house and stays for couple of days and comes back whenever she feels like. When I asked for divorce. She categorically told she would NOT give me divorce and make me run from post to pillar. She feels that I am trying to dominate her and trying to take control of her life and salary.

Regards,

Sunny

 

 



Learning

 15 Replies

Suri.Sravan Kumar (senior)     24 December 2016

According to my opinion the reasons which you have stated are valid grounds to seek divorce. Moreover your marriage happened in August 2016 and you have to wait one year. Speak to her parents and try to sove the issue amicably.


(Guest)
Originally posted by : sujaykumar
hi Friends,

Wanted your valuable advice.

I got married in Aug 2016 and now would like to seek divorce because of the trust factor.

Reason being : 1. My wife gave 3 Lakhs to her brother by taking a bank loan from in Sept 2016. This was done without my knowledge. I came to know about this in November 2016.

2. My wife is a working lady and earns Rs. 40000 per month and stays in my house. So far she has not paid a single rupee or anything as expense during her stay in my house. When I told her to resign her job and stay at home her family members and she were reluctanct.Because somewhere I feel that her family members are still depending on her income.

3. She goes off to her house and stays for couple of days and comes back whenever she feels like. When I asked for divorce. She categorically told she would NOT give me divorce and make me run from post to pillar. She feels that I am trying to dominate her and trying to take control of her life and salary.

Regards,

Sunny

 

 

These are normal wear and tear of marriage.  When you marry a working woman, these things are common, court wont grant divorce to you on these grounds.  You may try, by the end of 6 years or seven years when your divorce petition will be dismissed, then you will think otherwise.  Better adjust than be sorry, later.

2 Like

Sachin (N.A)     24 December 2016

From your previous post it appears that its your second marriage try to save your marriage.

saravanan s (legal advisor)     24 December 2016

All these things do happen in the initial years of marriage.some wifes dont trust their husband and feel insecure and does things like this.she will definitely change over time.so forget going for divorce and try to live your life with her
2 Like

Ms.Usha Kapoor (CEO)     25 December 2016

Try to resolve the issue amicably. Give the marriage some time. Both of you take  a holiday and go out for  a pleasure vacation. Try to build trust and be near to each other in order for love also increases for each of you towarda the other. If all this fails even after1 year or more you can think of divlorce.If you appreciate this answer please give me a like on my profile.

anil   25 December 2016

if you are hindu , forget divorce on these grounds and be ready to make your life hell and run here and there for next few years ,

1 Like

Vijay Raj Mahajan (Advocate)     25 December 2016

The grounds for divorce from the brief facts mentioned will never get you decree of divorce from the Family Court in India. The act of cruelty, the ground for divorce in your case hardly good enough for making the marriage break. You wife paid money to her brother after taking bank loan that she will be repaying back herself as she is working and having salary of about Rs40,000/- per month, in such case even if she did not inform you that itself will by any imagination is good enough very serious act of cruelty on her part that is sufficient to break the marriage.

Her visiting her parents occasionally also not sufficient enough act of cruelty for dissolving the marriage, as well her refusal to give consent for divorce by mutual consent.

I know that divorce cases filled on these grounds for divorce usually fail unless there exist very serious act of cruelty, so don't get misguided by anyone who has not even ever attended a single divorce case proceeding in the court and who advice you of having good divorce case on these grounds.

4 Like

sujaykumar   25 December 2016

Thanks for the advice friends. I know the sailing will be tough. I never knew that her family members would be so smart. Cant I cleverly send her home for some months and then seek separation after 6 months. I am hoping she will not be interested to come back to my home? Regards, Sunny

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 December 2016

Try to understand Mr. Vijay Raj Mahajan advice and follow it.

A walk alone (-)     25 December 2016

You have make a big issue of little thing. Reason you have given for divorce are showing your immature thinking. Your one thought of divorce will spoil your life in roaming court and wasting time and money on lawyers. Once you file divorce she will backfire falses cases on you and your family. And the reason you have mentioned here court will not grant you divorce. Your thinking "So far she has not paid a single rupee or anything as expense during her stay in my house. When I told her to resign her job and stay at home " is showing your dominant nature. Why you want her to resign job? Simply because she help her family. If your own brother or other family member need your help and will you think same? If you being son you can help your family then why not being daughter she can't help her family? You should take help of marriage counselor instead of going to lawyer. These are normal wear and tear of marriage.
1 Like

Kunuthur Srinivasa Reddy   25 December 2016

Mr. Vijayraj Mahajan, the learned counsel has given you an excellent and practical advice to you. It is too premature to think of divorce in any case. Just assume that she is dependent and unemployed member of your family. The very act of taking bank loan without consulting you, should make you clear that you would not be burdened to clear the loan. You stated that she is staying in your house? Where else she would stay once she became your wife? Just do not expect her to pay her salary to you and allow her to spend in her own way at least for an year. Once you get a child born to both of you, she would definitely become clever enough to take care of home and family where she lives. Remember, the known devil is better than an unknown angel. There is no guarantee that you would get a better choice on your divorce. Further, in India, thumb rule is, husband should never initiate for divorce, since the judiciary is heavily bent in favour of supporting women. 

R Trivedi (advocate.dma@gmail.com)     26 December 2016

These are no grounds for divorce. She is an independent self reliant lady. She is not donating your money, her earned money she is loaning, there is no problem. The best is to befriend her, understand why she loans and why she goes out regarly to her parents house. Drop your ego and manly thought that you are the boss. Thinking of divorce and you will screw up yours and hers life.

Vivek H Bedarker (A)     27 December 2016

But why attempt divorce on ground that she is working? Some trust factor and understanding needs to move in. This is called marriage. Also let her spend money on her relative for short run. Do not give her your own if you wish. But all this does not add up to common sense.

layer   27 December 2016

Usually divorced females cannot be trusted for marriage. It was foolish of you to marry divorced women again.

See if there is any cruelty of her on you like not cooking food, hitting with vessels. then you might get divorce


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