We were married for 15 days when I left India. After 3 months I called my wife abroad. While she stayed in India she lived with my mother. When she came here she started stealing small things from my uncle's house (we stay close to each other) and I caught her doing so. Then after 3 months I found out that she had stolen large amounts from my mother's and sister's house in India too. She tried to commit suicide when I scolded her once. I even got to know that she had some relationship with guys while she stayed in India after marriage. Now I have sent her back to India and am seeking divorce. The girl refuses to give me divorce. How do I get one? Can I claim damages too?How long will i have to stay in India to file for a divorce? Please if the is a professional Indian lawyer who can give me some advice.
2006-11-30 18:30:40 · 8 answers · asked by indiguy 1 in Family & Relationships ➔ Marriage & Divorce
Yes Sir I'm here! Read your question but you have not given full details regarding you marriage. It is presumed you are Hindu & married under the Hindu Marriage Act 1955. According to this Act you cannot file any divorce petition till 3years of your marriage. Secondly there is no provision in the said Act regarding divorce by mutual consent. Thirdly the ground which you state regarding her habbit of stealing is no ground for divorce but we can try to put it under the ground of cruelty which include mental cruelty also.Forthly the ground of her having illegimate relation with some one else can be a ground of divorce as it amounts to adultery but for which thing necessary for you to prove is the her living together with another person with the help of eye witnesses or letters etc also in such a case you should not have already forgiven her act of adultery. Now for your claiming damages I dont understand what sort of damages you are looking for? Had you made a police or court complaint against her for thefts & proved these charges you could have claimed damages or refund of stolen goods.Under the Hindu Marriage Act or for that reason any other matrimonial law of the country you cannot claim damages but only maintenance if you dont have independent income which you have. Lastly how long you have to stay in India to file a divorce petition is concerned, you dont have to stay back as you can engage Advocate for this purpose as its a civil matter & your presence is required only at the time of your personal evidence.But the most important thing is that the time period you have mentioned here you other wise dont qualify to fill divorce petition but you can file petition for judicial seperation on the ground of cruelty or she had sexual intercourse with any other person after her marriage with you.
2006-11-30 22:49:22 · answer #1 · answered by bisexualmale s 6 · 0⤊ 0⤋
Think again. This girl seems too immature and a kleptomaniac. Perhaps, you can try curing her first and taking her to a psychiatrist before going in for a divorce. Did she offer any explanations for her actions or tries you to stop from making such a decision? Three months is a small time to decide on breaking such a relationship. I will suggest you to seek help, talk to her and her family, perhaps try to cure her, before taking such a drastic step as divorce. Trying to commit suicide can be a form of emotional blackmailing or just because she couldn't take it that you will divorce her, which is still a big taboo in India. Keep her with you and try to bring her to the right path first. It will be difficult to prove the damages and stealings she has done but you can always contact an attorney.
2006-11-30 18:46:06 · answer #2 · answered by Smriti 5 · 0⤊ 0⤋
See a lawyer. You said, "I even got to know that she had some relationship with guys while she stayed in India after marriage". If she saw some friend, then it is not a crime but, if she have sexual affair then, it is an adultery. It is a strong grounds for divorce unless she also has a sickness call nymphomania, then she need to see the doctor for two psychological sicknesses. In case of adultery, it is your health, that is at stake also so go see a doctor yourself, and have few test done, STD, and HIV, Stealing in her case may be a sickness call, kleptomania. You must not go thru divorce for that, she need to see a doctor, even if you divorce her. You should have done everything here, but now she is in India so, you need to find out where to file for divorce, if you were married in India, it will be easy to file there, you need advice from two lawyers,Indian and where you are if not in India.
2016-05-23 07:10:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You were only married for 15 days and then left India. After 3 months you called your wife. So for 3 months, she was alone, unhappy, without her new husband.
Yes it was wrong of her to steal but how else in her mind, could she gain your attention, you were the one neglecting her.
Instead of divorce, I would suggest you start being a husband and showing her love and respect and more important, FORGIVENESS and hope that she will forgive YOU for leaving her alone for 3 months with no contact from her husband, the very person that stated he wanted to spend his life with her but in reality went off after only 15 days
2006-12-01 12:13:29 · answer #4 · answered by rockandrollrev 7 · 0⤊ 0⤋
You need to consult with a professional who knows the legal process in India.
2006-11-30 18:36:09 · answer #5 · answered by iyamacog 7 · 0⤊ 0⤋
FIRST YOUR RELATIVE MUST LODGE A COMPLAINTS REGARDING HER THEFT. IF YOU CAN PROVE ALL THIS THING IN COURT IT WILL BE EASY TO TAKE THE DIVORCE AND REGARDING TIMING YOU MUST CONSULT A LAWYER IT DEPENDS ON THE CASE TO CASE. MINIMUM IT IS THREE MONTHS TIME.
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2006-11-30 23:00:45 · answer #6 · answered by RAMAN IOBIAN 7 · 0⤊ 0⤋
I agree with Smriti
2006-11-30 19:45:00 · answer #7 · answered by Blueberry 4 · 0⤊ 0⤋
Go to the police and have her put in jail.
2006-11-30 18:35:52 · answer #8 · answered by r_finewood 4 · 0⤊ 0⤋