my parents had married me on the nick of the time, ( a day b4 they were leaving for abroad) but I am not happy with my wife. I never accepted her as a wife. She keeps on torturing me mentally. As a result I am suffering from hypertension due to this & have undergone operation as well.Now that my parents have realise that it was not fair on their part & asked her family for divorce they arent ready for it. She wants half of the property on her name & still is not ready to divorce me. How can i avoid her.
2007-09-07 23:27:28 · 21 answers · asked by Rajan 1 in Family & Relationships ➔ Marriage & Divorce
She will be asking you star & moon will you get her those. She will be asking another Taj Mahal made for her will get that for her. If no, then why you worry if she is asking half your property, nothing goes for asking, what goes is what all she can legally get from you. What she can claim from you legally is just monthly maintenance & place for her residence. How much she claims is not the issue but what are her genuine monthly requirements to lead a reasonable decent life for living & spending that will be allowed to her, keeping in view her own income, her own property & your income or ability to earn. Now coming to the question about this section 498A Indian Penal Code criminal complaint against the husband is concerned, I have been repeatedly been telling every one that this provision can only be used to punish any husband or his other relatives in case the wife has be inflicted any cruelty physical or mental that it should have driven the wife to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) or such cruelty was done for the purpose of dowry ,but as the facts of the said case no such issue is involved so her making any such wrong criminal complaint can go against her & gives you a solid ground for getting divorce on the ground of her cruelty & breaking this marriage unrevertably as has been held by various High Courts as well the Supreme Court in so many of their judgments. So just don't get misguided by any one regarding this section 498A IPC complaint, just ignore such references as even if she any time tries to go that far as she will get rebuked by the courts for her such wrong complaint against you & your relatives. So what should you do now? Just keep quite for the time being & keep account of each & every penny you give her or spend on her that will be required as a piece of evidence if she moves the court & ask for monthly maintenance from you as you have been avoiding to give her. I hope you understand this. Just tell her to do any thing she likes to do as you will be just providing her monthly maintenance & place of residence nothing more. Her sense will return back once you take such bold step.
2007-09-08 01:08:37 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
Look up www.498a.org, www.saveindianfamily.org call their help line numbers, they will suggest you a good lawyer and give you good legal advice.
But first, you need to be strong. What your wife is asking is ILLEGAL, dont give it to her. Dont be scared by her.
Apply for anticipatory bail u/s 438 cr.pc if she has filed any criminal cases against you.
Record all her phone calls to you, so you have proof that she is asking for half the property etc. Collect evidence in the form of witnesses to her behaviour, any written documents showing her income, assets, etc. Document your operation and any proof that she neglected you during the operation if indeed she has. This is enough to prove cruelty on her part and get a divorce.
Dont be scared, have confidence in yourself, there are lots of girls like your wife and you are not alone. Let her go to court if she wants, she will never get what she wants.
First you need to get out of the house and not stay with her. Stop talking to her. Dont let her know where you are. Open negotiations for a mutual divorce thru middle men i.e trusted family friends. Dont sign any document which says you promise her any money, let the money be fixed by the court and this amount will be very less compared to what she is asking.
If she refuses to go for mutual divorce you can always get a divorce for mental cruelty on your own, so be confident, you will win if you stay strong.
2007-09-08 06:44:15 · answer #2 · answered by Pramod R 4 · 0⤊ 0⤋
I am sorry for what you are going through, going through a divorce can be very hard, expesially when the other party is greedy and selfish. If you really want her out of your life, you should go and speak to a lawyer, they are the only ones can give you best advise.. If the property is not on her name, kick her out, if the property is on her name then it can be difficult.. If you can afford why don't you pay her off for her share. Best advise is go and see a lawyer. Sometimes family members cannot sort this out it could get ugly. Good luck
2007-09-08 06:47:55 · answer #3 · answered by Ruksana P 4 · 0⤊ 0⤋
well tough situation to be in ..but many had been before this it is only the severity varies..
the problems seems to be starting from your end ( sorry to say that buddy ) , u have not mentioned the reason for not being happy with her .. and more over you have not accepted her ,, as a result she seems to be giving you all troubles since she is also uncertain...
I feel that you should have gone to a family counsellor or a family friend and solved it before the matter of divorce was taken..
Now , if you want divorce ,,pay the price ...or talk to her for a mutual amicable settlement without going into legal hassles ..Legal is always ( i am sorry to state that ) favouring women in India and in abroad..
Patience pays in this matter especially...time is a healer ..and take decision when u are cool and not stressed.
2007-09-08 06:43:31 · answer #4 · answered by indiantiger_1999 1 · 0⤊ 0⤋
Look, divorce is not a solution for every thing.
Once you marry a girl, she is not just your wife , she is a part of your life. She may be good or bad.
Trying living with her happily.
Why do not you bend your back to her words? May be that will you lead to good.
If not so, just try going to a marriage counselor. Or take to a peaceful places around your house. Try making her glad or impress her. Try taking to her village. Buying saris. Going to cinema, temples, parks, hills, beach, hotels, honey moon,
As you marry, you do not marry a slave.
But a human being with the same legs, hands, nose, you have. As you want to be she also may be wants to be glad with you.
After all these if she stays the same. God has given you bones to make her behavior good. Try giving 2-3 beatings. There are woman who changed like that too.
Please my dear friend, for your future sake do not land up in divorce.
2007-09-08 07:00:46 · answer #5 · answered by arun_tomsan 1 · 0⤊ 0⤋
You can't avoid her till you get this mess cleaned up. You also have to decide if this property ( which by the way is just material) is more important to you then your freedom. Remeber one thing you can always replace material things but your health and sanity you can not. Chances are if this was an arranged marriage she wasn't too happy either. You both need to sit down and talk about it. Split everything in half and move on with your lives. Good luck
2007-09-08 06:38:15 · answer #6 · answered by Moe 3 · 0⤊ 0⤋
check details of your case with a lawyer. you could look for legal help on specific points. Write down the points that you need to check with the lawyer so that in front of the lawyer you dont fumble with words or forget something important to ask and check with him. You can check on the following points -
1. divorce (with 1 spouse not ready) hence there cannot be mutual consent.
2. in case you have not consummated your marriage then what is the chance of a divorce
3. separation / desertion leading to divorce
4. annulement of marriage
5. any other option.
take care and dont worry.... things will be fine. just be careful and sure of what you do.
2007-09-12 02:13:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Dear friend I can understand your problem.I would suggest you to talk to your wife and try to sort out the problems you are facing.Tell her that you love her and that she should understand that after divorce life will become hell for both of you.Try to talk to her parents to help you slove your problems.However if this does not work or help then you can file a case in the court for the divorce.
Take care.Bye.
2007-09-08 07:13:30 · answer #8 · answered by staryl_k k 1 · 0⤊ 0⤋
Mr. Rajan if it is true then remember women laws are strong in India and if you want really divorce with her then you have to pay for this as per her. Or without divorce you just try to live with her without talking with each other. But better if you solve your problem by mutual concerned.
2007-09-08 06:39:20 · answer #9 · answered by MEENA M 4 · 0⤊ 0⤋
what do u mean your parents got u married??? u didnt want to get married but still u got or u didnt like the girl and still got married? i am sure u werent a small child to refuse if u didnt want and just let your parents marry u. cant u take your own decisions? you yourself say u never accepted her as your wife then why blame her for mental toture?
2007-09-08 07:35:20 · answer #10 · answered by sweetu 3 · 0⤊ 0⤋