Divorce
4 years ago
Hi, I am Arpan. I married in the year 2017,but the girl with whom I married always come to stay in my home at the end of the month and went back my in laws home in 1st week of every month. And the girl given false allegation to my father,mother and sisters. And also false allegation to me also. Her father gave me life threat that will kill me and also the girl told me that I have to leave my parents and sisters means to keep no contact with them. And also have a baby and when I call her and told that to bring her and baby to my home. She and her mother told that I am not the father of that child and again gave threat to me and my family with that she have her boyfriend with whom she share her nude images and intimate messages to him and that boy also share same to her. And there are many incidents happen and I want divorce from her but she denies to give me divorce and also told to give 13 lakhs of rupees. And there is no contact with her and her family over 1 years more. By this me and my family facing harassment each an every day that they are share my number to other persons and literally harrassing me every 2-3 consecutive days.Simply I want to get divorce from her but how I get that suggest me as I can't afford to give money which they are demanded.
Suneel Moudgil
Responded 4 years ago
try to collect some evidence like WhatsApp, call recording, chatting, nude photographs. etc which will benefit you during the court proceedings,
once you file contested divorce she may file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
Sandip Bhowmick
Responded 4 years ago
In this case there is no other way but to file a petition for dissolution of your marriage under grounds of divorce. It appears that you have good ground for divorce under sec 13 (I) and (ii) of the Hindu Marriage Act, 1955, which are * Voluntary sexual intercourse with any person other than his or her spouse* And *Cruelty*. Try to keep all evidences you have electronic (WhatsApp/messages etc) or otherwise.
She will not be able to seek alimony from you on if divorce is granted on the above grounds and you will be able to retain the custody of your child also.
For, the threatening portion, you must keep the local police informed or file FIR with evidences from neighbours and acquaintances, before she takes a false upper hand and files case of physical and metal harassment and cruelty against you and your family members.
You should not delay and file both the things almost simultaneously.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
Failing of family mediation and discussion,
A. For threat, abuse and all, you may file a protection petition before the police station. If still persist, file an FIR.
B. It is not suggestable in your case to file divorce ( as you have a good ground of cruelty) instead of file RCR, things may get settled.
Why you are afraid of your wife when she is leading adulterous life. Just walk into to the Court through an advocate and get divorce without alimony as child is not yours and she is not entitled for alimony. Please give me Rank 5 if you feel my answers also helped you
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CONTESTED DIVORCE
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
Cruelty
Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
Adultery
In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
Desertion
One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
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