Hi
I am married in june 2014, no children. My wife demanding various things on daily basis and objected visit of my parents and their stay for few days (2,3) in our 1 bhk posh apartment in Bangalore. Her demands started again and again. Sometimes, she goes to her parents house without informing and never returns never calls. I have to go there pickup and come. Her parents also taunting me why can't I buy that and this. Initially my business was very good. I went to Dubai in 2015 early and during that time she came she was fine initially and later when I went alone for 4 days, she started shouting threatening to maximum extent over phone. But in 2015 mid I faced difficulty in business due to supplier and during that time, wife deliberately started harassing when I come home, if I say something she started saying she will suicide if I do not agree for what she says. This is like blackmail cum dominance cum shouting. If I disagree she goes to parents home and again shouts from there in phone. During this time I made huge loss and loss of clients due to matrimonial personal problems. In november 2015 I went to Muscat for business and during december 2015 she left bangalore home and did not come back, her parents also have huge business and they started threatening me. She later filed false police complaint on my father and mother far threatening which is false in march 2016. Later in march 2016 when I came she is acting like mad. I sold my apartment and stayed in friends house. She has filed police complaint against parents, she is threatening of 498a. I filed for divorce in march under Section 13 cruelty and Now she has filed RCR in june. I do not have any sufficient proof to prove cruelty. I am now in Muscat again. My lawyer says, I may lose the case and she will win RCR but my lawyer will try. I do not want her back again, Never. I will give some money to her but I want divorce from curel person.
Now,
According to Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
According to Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
If I lose the divorce case and if she wins RCR I will NEVER call her back. Let us say she tries to come back, but I will not call her. After passing of 1 year according to above act as RCR is not enforceable at all, I will file for divorce under above act and I will get divorce.
Please clarify if this will work or NOT.
Thank You
Praveen
Praveen
