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vinay kumar (ludhiana )     08 July 2012

Wife wants to live alone with husband not with his parents

hi..i am 32 years old and just got married in 4th december....Bur unforturenately my wife is not thr right one for me. She is very rude and behaves very badly with everyone. she didn't like our home and my family. Her parents have also very bad behavior .  she left me 2 months back and always fight and warned me to do whatever she wants. I want divorce from her..She does not even talk to me. .my mom warned me that she could file false case of dowry and cruelty and will ask for big amount of money. I feel so helpless.On what ground I can get rid of her...please help !!!...
 



 19 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 July 2012

Dear Vinay,

If you both want the divorce on Mutual Consent then it would be easy by filing MCD peition. if you alone want the divorce then as you have said that you wife left you 2 months back in this case you and your wife need to live seperate for atleast 1 year and  then you can file divorce petition under Hindu Marriage Act.

Incase of any further assistance you may call on 09324538481

Regards


(Guest)

Since your marriage is not a year old yet, a petition for divorce cannot be filed except in case of extreme hardship which would be difficult to prove. Explore the possibility of mutual divorce. Do guard yourself against the false cases which could be in the offing. Write now to the police authorities in your city to build up a plausible defence.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     08 July 2012

It is better to go for consent divorce, if she is agreed.  Because you wont get divorce at this moment.


(Guest)

As per law you can't file divorce petituion within one year of marriage. Court will not allow you in any condition.

 

But ny advice first you and your parents have to talk to her and her parents about this matter.

Never take hard step at once, its may destroy your life.

OR

Solve your problem with mediation.

OR

File complaint for sec. 9 HM act for RCR.

OR

Ultimatily when all possibilities will end than you may take hard step for divorce on qruelty against husband.

But be aware your wife will file suit of DV, and 498A, 232, 504, 506 IPC.

So never be hasitate and solve your problem by mediation. It will be bettar for both of you.

zxcqwe (Software analyst )     08 July 2012

Me and my wife got married 1. 5 yrs back, we had one child ( boy) of months. My wife and my nature isoppsite, she doesnot like my family, she has atitude , she is egoist, and very stubbern. She left to her mom place and last 2 months we are not talking to each other.

how can i get divorce, but i need my child fro his better future.

rajiv_lodha (zz)     08 July 2012

Do not take this quick decision bro.............U have a small kid. All u need is :

SINCERE EFFORT TO REHABILITATE HER INTO UR LIFE+ TAKE MARRIAGE COUNCELLING SESSIONS TOGATHER!

zxcqwe (Software analyst )     09 July 2012

sir,

what you said is correct, but we has a family sat together with her mum also.But she is very arrogant.

as per my experience, ypu cannot change the nature of the person, i may be wrong on this. But this initial for me. i have to live the whole life. I am very worried about my child and i donot want he should also be like of the same nature.

 

 

zxcqwe (Software analyst )     09 July 2012

sir,

what you said is correct, but we has a family sat together with her mum also.But she is very arrogant.

as per my experience, ypu cannot change the nature of the person, i may be wrong on this. But this initial for me. i have to live the whole life. I am very worried about my child and i donot want he should also be like of the same nature.

I am very simple person, i have worked hard in life. Now after marriage i thought will live a peaceful life. but it is not in my fortune.

Since last 10 yrs i am away from my family, i came from very down upto here by god almight blessing. i bought a house for my mom, and now she is no more. i have totally lost from peace.

before divorce i want to save my huouse ( moms yaadein )

i donot know she can go upto what level if filed a divorce.

 

 

 

 

ravindra (Analyst)     09 July 2012

Hi Just record each and evry statement made by her it will help u in feature.

zxcqwe (Software analyst )     09 July 2012

she has sent me SMS in early where she has mention in one sms "Now it seems like we hardly know each other... if i ask for seperation will u let me take the baby" this was before the delivery when she was 2 months preganant.

Even when we had the group discussion with her MOM, i have the recorded conversation.

will it help me.

 

do she can claim my hard earn flat, which was purchase before the marriage.

 

rajiv_lodha (zz)     09 July 2012

Apart from Flat, u can make ur life  A HELL, alnonwith ur parents', if she comes to her powers. Indian judiciary carries no hope for a husband in contested divorce. Thats why I have suggested that TRY TO SAVE THE MARRIAGE AT ALL COSTS.

Of course if u think that water has gone above ur head, then be bold n fight the divorce case, come what may. No point living a fearful married life.

Another option: find a live-in partner & leave the current state of affairs as such!

zxcqwe (Software analyst )     10 July 2012

Thanks for your reply.

That means husband cannot have any rights in the Indian Judiciary ? . he cannot even have justice. All know that what a wife can do, she can tell all lies.

Then marriage is hell, its not spiritual.

One more things, you say she can make my & parents life hell. she can files false dowry case etc etc.

But during marrigae i gave then half marriage amount, i have the proof. She did not brought any single thing. I gave her all.

please let me know, what are the correctivity action i have to take to avoid my future life. 

 

For another option, i cannot even dream. I am not a selfish person. I just want to live a simple and peaceful life with my father & Son( currently it is with my wife)

 

 

 

rajiv_lodha (zz)     11 July 2012

U got it right dear, MARRIAGE IS A CRIME IN INDIA. Men do not get fair justice, practically he is on mercy of lady as far as laws are concerned. Most of the boys here have not taken a single panny from her, spent a lot of money on her too..............but still facing the wrath. Thats why its LEGAL TERRORISM, SC has rightly chosen the words dear.

Hope is not all gone. So manty ppl are fighting their way through. U come along. Hold ur neck high & fight till u win, howsoever leghthy & difficult may be the path. Fight the cases on merits.

U said:

For another option, i cannot even dream. I am not a selfish person. I just want to live a simple and peaceful life with my father & Son( currently it is with my wife)

Things wont move as the way u want. Even if u intend to live PEACEFULLY, SHE WONT ALLOW U, its not in ur hands alone

 

zxcqwe (Software analyst )     11 July 2012

Thanks Mr. Rajiv.

1) Can i transfer my flat to my both sister's name ( they are married) , so in case in future if divorce petition files. i can secure my flat.

2) If we donot want to divorce, we can stay seperately. ( She in her parents house) and i in aborad ( or in my house india). In this case, do i have to give her any maintainanece every month.

3) If she come in my house forcefully, can i not allowed to eneter. Or will she can take any legal step. ( 1) if the house is in my name 2) if the house i had transfer as mention point 1). what will be the result ?

4) the flat is my hard earn property ( in memory of my loving mother) which was taken before i got married.
 what the law say ?

5) what else care or protection i can take as a proactive step without her knowledge of my wife. which will safe me in future.

 

 

 

 

 


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