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Prabir Bhaduri (Others)     17 June 2021

Peaceful and amicable settlement of marital discontent

l have been married for past 14 years (2007), arranged. It was late age marriage and I was 46 years while she 42 years at the time of the marriage. The marriage was consummated at the repeated persuasion of bride's relatives,as her parents had expired much before her marriage. At the time of marriage l did not have good income source as I was working as a law clerk in High court, Kolkata under some lawyer.
Even now my income status still not stable and we don't have any issue.
I live with my mother along with my wife in family owned flat.
Ever since our marriage my wife has been abusing me, my mother,my late father and my other family members, also she is involved in domestic violence since her marriage including assaulting me and my mother, shouting late night with abusive languages.
Since marriage she along with her family members have been demanding share in property and bank balance. She has been in service , since long before her marriage and is still continuing with the same job.
Any expert legal opinion on the above matter will be greatfully appreciated.


 12 Replies

Dr J C Vashista (Lawyer)     17 June 2021

Amicable settlement of issues may be preferred.

However, if she is adamant and do not mend herself, convince her and file a petition for mutual divorce.

Consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding. 

G.L.N. Prasad (Retired employee.)     17 June 2021

Have patience and be confident that her demands for rights in property may not be appropriate and legal as you are staying in your family property, without any regular income and she is having regular employment for since long.  As an advocate's clerk, you are standing in a better position to face litigation while your wife may have to engage and advocate.  

Prabir Bhaduri (Others)     17 June 2021

Thanks to you all for the expert opinion being provided to my queries.

P. Venu (Advocate)     17 June 2021

What is your mother's stand on the issue?

Prabir Bhaduri (Others)     17 June 2021

From the very beginning my mother was extremely distressed with my wife's behaviour towards her and me and was of the view to send her back. She even narrated all these incidents, three months after the marriage, to her family members responsible for the marriage, but they made fun of everything and cited our faults. Now she is most of the time in bed because of her old age ailments and I am the only one to look after her.

Vasundhara Singh (Student)     18 June 2021

Dear querist,  

If you do not want to divorce your wife, you can go ahead with arbitration or mediation which are the methods of out-of-court settlement and you will not be pulled into legal proceedings. Under arbitration, you and your wife can mutually select an arbitrator who will be a non-biased third party who will talk things between you and the other party without any court proceedings. You can solve the issues in a friendly and peaceful manner by keeping views in front of the arbitrator and with his help come to common grounds.  

If the issues do not get solved by this method, then you can move ahead with the divorce petition. You have mentioned that your wife does violence on you and your family but since there are no explicit laws to protect men from domestic violence, you can file divorce on the ground of physical cruelty by the wife under Section 13 of the Hindu Marriage Act, 1955. The divorce petition can be filed at the family court of your jurisdiction.  

Regards  

Vasundhara Singh  

T. Kalaiselvan, Advocate (Advocate)     19 June 2021

You were able to tolerate all these fourteen years patiently, however if it is no more possible to tolerate with her anymore, you may ask her to either agree for mutual consent divorce or you can file a contested divorce case against her on the grounds of cruelty.

Your mothe may also think of filing a DV case against her  for all the violent and cruel activities she had unleashed on her. 

No doubt divorce at this age may not be advisable but how long you can suffer this torture, there is a limit for everything hence you may decide after consulting with your mother and other relatives on the steps to be taken in this regard. 

Prabir Bhaduri (Others)     19 June 2021

I have been trying to convince her for a mutual consent divorce, long time, but she is rejecting this every time.
In contested divorce I fear she might unleash more fierce DV against my mother and me as well till she is completely separated or moved out permanently from our house.

P. Venu (Advocate)     19 June 2021

As suggested, your mother can move under DV Act and seek appropriate remedies.

T. Kalaiselvan, Advocate (Advocate)     19 June 2021

You do not have to beg her or be at her mercy for  seeking dissolution of your marriage by a decree of divorce.

You can very well file a contested divorce come what may bcause in any cae she is not going to come for a compromise hence how long you think that you can live with the fear of her retaliation of some criminal cases against you people.

You do not have to be worried about her backfire cases  of   DV case or any other case, you can challenge them as per law.

There has to be end to this continuous tortures hence you begin it now without anymore delay.

 

Prabir Bhaduri (Others)     20 June 2021

Since she is currently continuing with the same service from her pre marriage days, incase of contested or mutual divorce what will be the prospect of her demand for property or bank account,as a legal wife?

Prabir Bhaduri (Others)     10 July 2021

👍👍 thanks for the encouraging and valuable expert opinion

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