How to deal with divorce case (Hindu Marriage)?

Question

Dear friends,
I got married 13 years back. Marriage lasted only for 3 months and my wife left me. During those 3 months, she harrassed me like hell. After a year I filed for divorce on mental cruelty, but court did not grant divorce on 'insufficient evidence'. (Some of the witnesses died before the trial). Then I appealed in HC [Mumbai] and now it is still in pending. My wife is contesting this case in HC also. Except this case, there are NO other cases. NO criminal cases, No poice complaints etc. No children. She is working in Govt Bank as officer. For all these years, we are living separately in different places.
My wife now, says that she will file a criminal case as I am not able to prove my case against her. She says that 'not able to prove her mental cruelty' is itself a cruelty. Is it possible? If so, what are my options?? But, courts know that witnesses died before the trail. I know that I can content in SC, if lost in HC. Please advise, Thanks in advance

I sincerely thank everyone for their kind advises. Thanks for the idea of 'irretrievably broken down' case references. If in case, HC does not grant divorce to me, I will go for appeal. Can she file any defamation against me; in the meantime? What I have to do? simply get arrested? But, I know there are many guys like me (fighting for 12/ 13 years in civil cases) and lost their cases too. Explain please.

Answer 1

Since this matter is pending in the High Court of Mumbai & must be handled by some lawyer, I need not say much in this case but what I found will be going in your favor is this Judgment of the Supreme Court of India Transfer Petition (civil) 228 of 2004, Sanghamitra Ghosh V/s Kajal Kumar Ghosh, (decided on 20/11/2006)where this case was discussed :- Ashok Hurra v. Rupa Bipin Zaveri
etc. reported in (1997) 4 SCC 226, this Court while
dealing with a matrimonial matter quoted few excerpts
from the Seventy-first Report of the Law Commission of
India on the Hindu Marriage Act, 1955 "Irretrievable
Breakdown of Marriage" dated 7.4.1978. We deem it
appropriate to reproduce some excerpts from the said
report as under:
"Irretrievable breakdown of marriage is
now considered, in the laws of a number of
countries, a good ground of dissolving the
marriage by granting a decree of divorce.
Proof of such a breakdown would be that
the husband and wife have separated and have
been living apart for, say, a period of five or ten
years and it has become impossible to
resurrect the marriage or to reunite the
parties. It is stated that once it is known that
there are no prospects of the success of the
marriage, to drag the legal tie acts as a cruelty
to the spouse and gives rise to crime and even
abuse of religion to obtain annulment of
marriage.
This case can be referred while arguments in the High Court as in your case 13 years have passed & this marriage is broken down Irretrievably. As far what those people should do whose such matrimonial case are pending in the courts for 10 to 13 years is just request the family/High/Supreme court to dissolve such marriage on this very ground as stated in this Judgment as such marriage is completely broken down & even if their divorce case is dismissed for some technical reason as may be in your case, the dismissal of such divorce case after 13 years or more won't help in rejoining such broken marriage. This is a civil issue where the technical aspect should not be strictly followed as in Criminal cases but the case should be decided on the basis of present circumstances in which the parties to such case are & have been suffering while this litigation was on for such a long period of time. The Court should give a realistic view to such matters not only technical & try solving such disputes amicably from human point of view. Just by dismissing the divorce case after 13 years of its pendency is no way out for which Family courts have been made, if a spouse is not prepared to live with the other it will be inhuman to force him or her to do so, the only criteria that should be considered is the compensation the other spouse to be given in the form of money, whether call it permanent maintenance or any other thing along with the custody & maintenance of the children borne out of such marriage which has now been completely broken down. Unless such approach is taken by the family courts such issues will never come to a reasonable conclusion. This is the essence of the judgment of the Supreme Court I have mentioned here. In your case it also depends on your lawyer how he argues this issue before the High Court of Mumbai & convinces the judges hearing this appeal.

Answer 2

Dude, seriously, your wife is smart and you dont know law. Accusing someone of mental cruelty can be proven in court as 'defamation', i.e. you publicly tried to defame her. Defamation is a criminal offense, and if you dont have evidence of how she exhibited it, you can be convicted in the court. She has grounds for it. But, no fear, here's what you need to do IMMEDIATELY -

- first, you may dislike this, but this an absolute necessity in your case. Write (no ph calls, no verbal communication, ONLY WRITTEN) an email to her politely, courteously, nicely, pleasingly, explaining that you tried matrimony, it did not work out for whatever reasons, and now both of you should try and seperate ways amicably, and that you will do whatever is needful from your end to make the seperation so. Explain that as mature adults, both of you should not make life difficult for both of you at this point, and should focus on sensibly moving on. You need to do this, since you need evidence that you were always respectful & polite with her, but she was the one who harrassed you. Save this email and her responses safely. If her responses are violent, then good for you, you have evidence that she is a person with a harrassing nature and hence proves your point. if her response is not violent, then her lawyer is sending you responses. Either way, you need this as evidence that you always treated her as a princess. If she doesnt respond, no problem. UNDER LAW, NO RESPONSE = APPROVAL of what you are saying.

- you need to gather evidence that she did infact exhibited such traits. You can do so in multiple ways, 1. email her & invite her to meet you, if she declines, then she is not coperating with you. Helps you and shows that you are the sensible party. 2. send her a legal letter (through your lawyer), writing down all instances where she treated you terribly ill (i.e. not like a husband) write down as many instances as possible and as lengthy as possible, and that she still wants to torment you threatening you by saying that she will drag you to court as a criminal, because she wants to seek revenege for some self-imposed injury she has done to herself, or because she is jealous that you did not wish to take her cruel treatment. If she doesnt respond, then you have evidence you are seeking. If she does, she has to deny each & every instance you stated in your email. If she doesnt do that and writes back something else, then again you have a good evidence.

Good luck.

Answer 3

Hi dear friend,
Can you do something to provoke her desire to divorce you - maybe the law tell in what terms the wife is allowed to get divirced. Of course don't eneter into the criminal world but invent something she might not agree with you - To me you can accuse her of not being loyal to you and you not being able to trust her love any more. You might get sick and ask for cares but she might not take care of you to complete her duties. Pray god to give you ideas, If you start serving God to establish a new world of true love relationships the angels will deliver you from your wife or at least will heal the agression in both of you. It is quite possible your anscestors have done some problems to be like this and you should work out to get rid of this carma through humble attitude and loyalty to God, Ask you lesson you have to learn in you life and concetrate on social work, of course you can get sick and out of job, but if your wife doesn' change people will witness her attitude. Luck

Answer 4

First, file for withdrawal of the 'mental cruelty' case. Then file for divorce de novo on grounds of desertion.

Answer 5

yes this is a problem in india but still all is not lost you have to hire a real gd lawyer and persue the case calmly but firmly if she does not come out amicably to cooperate then you shud consider legally marrying again and informing her bosees to curb her for persuing the case too long try to change yr religion if it helps

Answer 6

Do consult a competent lawyer and strictly do as per the advice of the lawyer. There is nothing to panic the law see everyone equally and the law is there to deliver justice.

Answer 7

I was able to save my marriage thanks to my family and friends. I also read a lot about marital issues and tips on how to save your relationship. The ebook on this site helped me a lot http://savemarriage.toptips.org
Check it out it's worth it.

Answer 8

you can divorce on basis of separation for this long a period.
wish u best of luck

Answer 9

TALK WITH SHE'S FRIENDS IN BANK PERSONALLY AND SECRETS OF HER AND FIND OUT REGION.

Answer 10

Consult a lawyer.PERIOD.