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(Guest)

Wife not agreeing for mutual consent

 

Hindu Marriage in Mysore and living in bangalore: 

Its 5 months since our marriage and right from day one my wife has been very rude and incompatible to both me and my family inspite of the best treatment at my home by me and my family.

1. I want to divorce her on the grounds of huge incompatibility

2. she had an affair and she compares me with her ex and expects me to  

   be like him.

3. She keeps scaring me and my family that she would attempt to suicide 

   if I scold or refuse to her for anything

4. She is a very pessimist person and i dont want my offsprings to be like her.

5. Right now she's refusing to agree for mutual consent, i have time until feb 2011 as its only 5 months.

6. She is hell bent not to divorce me. I want to know if i can still go ahead and divorce her.

7. When I file a divorce petition after a year of my marriage can I ask her to vacate my home as i dont want to even see her.

8. Right now though we live in same home am staying in a separate room and not talking to her.

9. I also anticipate her to file 498a if i forcefully ask her to leave 

10. If i send her a legal notice of divorce petition can she counter me with 498a or false Domestic violence case ?

11. Also I anticipate that she'd look for maintenance as once she mentioned that she has spent 7 lakhs for marriage whereas I or my family members never demanded such lavish wedding. Instead we asked for simple wedding at temple. They at their will spent it.

12. What is sthreedhan, Does that include the gold chain along with mangalsootra which I bought her during wedding. My view is when a marriage itself is broken whats the point in sthreedhan ? Should I give this to her after divorce eventhough I have spent money for that ?

 

Appreciate all your precious advice

Thanks in advance



Learning

 7 Replies

Arup (UNEMPLOYED)     03 August 2010

Wife not agreeing for mutual consent

IT IS HER PERSONAL LIBERTY UNDER ART 21 OF THE CONSTITUTION OF INDIA, -  TO GIVE CONSENT OR NOT. NEITHER YOU COMPLE HER NOR IT SHOLD BE DONE  FROM YOUR SIDE.

Arup (UNEMPLOYED)     03 August 2010

1. I want to divorce her on the grounds of huge incompatibility

- MAY PRAY IT.

2. she had an affair and she compares me with her ex and expects me to be like him.

affair - SEC 13 (1) (IA) ;    expects me to be like him - SEC 13 (1) (IB) .

3. She keeps scaring me and my family that she would attempt to suicide if I scold or refuse to her for anything

- THREATNING & BLACKMAILING.   -  SEC 13 (1) (IB) .

Arup (UNEMPLOYED)     03 August 2010

4. She is a very pessimist person and i dont want my offsprings to be like her.

IT IS NOT A MATRIMONIAL OFFENCE -  YOU HAVE THE RIGHT TO BUILT UP YOUR OFFSPRINGS AS PER YOUR CHOICE.

Arup (UNEMPLOYED)     03 August 2010

5. Right now she's refusing to agree for mutual consent, i have time until feb 2011 as its only 5 months.

- AS SAID EARLIER.

Arup (UNEMPLOYED)     03 August 2010

6. She is hell bent not to divorce me. I want to know if i can still go ahead and divorce her.

YES YOU MAY FILE PETITION.

7. When I file a divorce petition after a year of my marriage can I ask her to vacate my home as i dont want to even see her.

IT IS YOUR PROPERTY, YOU HAVE THE RIGHT ON IT. IF THE COURT OR HIGHER POLICE OFFICIALS ORDERED IN WRITING THEN ONLY YOU COMPELLED TO FOLLOW IT.

TRACE WHETHER SHE HAS PROPERTY OR JOB . THIS WILL HELP YOU LATTER ON FOR THE CASE OF MAINTENANCE.


(Guest)

 

Thanks Prabhakar for your detailed inputs:

Further I've following opinions:


1.a) When two people are incompatible to live a peaceful life is it not sheer force applied by our legal system to continue the turbulent living ? Can this not be challenged in any court ?


3.b) Yes, inspite of that if she threatens that way (which she is currently doing) how practical is it to record such statements


7.c) The house is in my mother's name. My wife and I are staying with my mother and father in their home. Can I ask her to leave that home ?


8.d) The first 2 months even i had rented out a house where only she, her mother and I stayed. My thinking was that she'd find it easy to gradually manage a house if a elderly person like her mom advices her rather than a stranger like my mom. This would have created a strong understanding between husband and wife firstly and a good bondage with mother-in-law too. 

Now, even I had left my parents being a guy and was staying like a ghar-jamai with them. But still the situation was the same.

As a result i had to change my thinking and had to return to my parents home.


11.e) I dont agree with this point. As even i would be labelled as "498a guy" and any girl or her parents would think 100 times before agreeing for marrying me after the divorce. Also is it not false in her stand that she has willingly spent that amount which was never demanded by us. Moreover even she's educated and working in a reputed MNC. She might quit the job just to prove the court that she is jobless to claim the maintenance ? Is it possible to fool the court this way ? How to counter this.


12.f) This sthreedhan she has once broken into pieces and it is with me. The fact that my sthree didnt respect the sthreedhan given to her will it be fair to return this to her post-divorce. (now the only reason i dont want to give is i have spent money for that)

Does that also mean that anything similar to purush-dhan should be given to me. (even though i have not demanded any gold they have given me a chain and a bracelet can that be called as purush-dhan !!! )



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