Sameer (Analyst) 22 July 2013

Please help. my wife not ready to divorce me

I have been married for 10 years and we have a 5 year old child. For the last 5 years, I have been feeling disconnected from my wife mainly on account of my child’s medical condition. He is fine now but I have made up my mind that I don’t want to stay in this marriage and I want this to end. I told her about my agony and dilemma and suggested that we should get separated. There were lots of verbal fights and she has become very aggressive and says she wants to punish me by either killing me or herself or filing a police complaint against me for cheating or by going to my office and complaining to HR. Meanwhile, for the last 6 months I got close with one of my office colleagues and I want to be with her. So, I told my wife that I want a divorce and ready to take full care of her and our son for life. I tried to talk to her very nicely and assured her that time will heal everything as there is nothing left for us in this marriage. But she is refusing to give me divorce by mutual consent. Here are my questions: 1. For the last 6 months, I am in a relationship with another female. If my wife finds out her name etc. can she file a police complaint on me for cheating? 2. If I start living with her after telling my wife I want a divorce (where she is refusing to give), is that a crime? 3. She is also threatening to commit suicide. Will I be charged for abetment of suicide even if I told her that I want a divorce? I am very tensed here as I don’t want her to do such a thing (I don’t wish her any harm). Can I lodge an application in the police station now stating about her impulsive behaviour, so that God forbids, if she does something like that, I can protect myself. Please let me know if you can suggest me other options to safeguard myself as I really don’t want things to get so messy and don’t want her to take any drastic step. But, just in case, she tries an attempt, how can I protect myself? 4. If she is not ready for divorce by mutual consent, what other options do I have to get a divorce from her?

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4 Replies

Amit Tungare (lawyer) 22 July 2013

hi sameer, first I suggest you NOT to stay with your new found partner during the subsistence of the current marriage, because your wife can charge you with the crime of extra marital affair or s*x which is a crime under IPC and bears heavy punishment by way of imprisonment. Also it can cost you heavily in your divorce petition if she is able to show that u had extra marital affair during the subsistence of the current marriage. As for the black mailing from her, I suggest you if you are really want to get the divorse start staying separately and write a letter to her expressing the same. This will protect you from any clumsy actions she does to black mail you. Futher on you can file for divorce. If you want to discuss anything further in private feel free to mail me on amittungare@Gmail.com. regards

Advocate Abhijeet singh (ADVOCATE) 22 July 2013

dear sameer jee

if u marry or stay wity other female with out divorce of your wife than your wife can charge on u

494 - Marrying again during lifetime of husband or wife

495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

496 - Marriage ceremony fraudulently gone through without lawful marriage

497 - Adultery

so please donot do this type of with out divorce . you can file divorce petition in family court and then u can get it

thanks

Philip (senior Executive) 22 July 2013

Hallo,

I have filed a divorce petition against my wife. Her father & lawyer received the registered post. She also has received the same with another signature and did not open the letter. I want to stay separate from her at the earliest. What should I do now?

HIRAL THAKKAR (ADVOCATE ) 22 July 2013

Adding to Mr. Amit's Opinion it would be better by keeping aside the new relationship completely and concentrate on the annulment of first marriage. Moreover start proceedings by filing divorce petition on the ground of cruelty.

Regards