Need help on Family Relationship and role of law

I got married as per Hindu Rituals in 2003 and had 2 kids out of marriage. From start my wife under influence of her parents not staying peacefully. She had deserted 3 times for longer duration and in between as well she denies relationship. Recently talked about intention of suicide. Tried involving her parents to settle as now 10 years passed and she seems not willing to stay in harmony. For unknown reasons she keeps fighting or acts to generate fight during my parents and sister visit to showcase that it is because of there arrival and direction i fight; which is untrue.
Tried to find out her problems and asked her to let's plan divorce if she is not going to change her behaviour. I'm only son to my parents and my parents are above 60 and father is ailing. Sister and family is in abroad and once a while travel to India. Ready to give all her gold without any challenge; only wanted to get it done in witness of someone out side our relations.
Becuase of my parents and sister all 3 times we patched up and got her back, not a single call or initiative taken by her parents during these 10 years and we had stopped interacting with them anywhere.
Need your suggestion and recommendation as I can't leave my parents and even ready to continue this marriage if my wife understands and respects my feelings. Staying under one roof with day by day worsening conditions causing detraction at work and focus on career.
There are many issues which are associated with almost failed marriage, can't mention just to restrict the length of this query.

Asked 11 years ago in Family Law

Religion: Hindu

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3 Answers

I empathize with you gentleman. In the current scenario, not all seems to have been lost. First, in any marriage threat, coercion and cruelty cannot work as in your case.

There are 2 options to resolve this:

1. To seek divorce from the family court on the ground of cruelty and harassment as has been laid down by various judgments of high courts and Supreme Court of India;

2. Or to get the elders in the family arrive at a conclusion and hand over the jewelry and other articles in their presence and secure separation from the family court under Section 13B; seeking divorce by mutual consent.

thanks,

Feroz Shaikh

Advocate, Navi Mumbai

407 Answers

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Talk to Advocate Feroz Shaikh

Hello,

It is evident from your post that the marriage is not at all going well from last many years. Legally speaking the option available with you is to seek divorce from your wife, which could be filed on a couple of grounds.

However if you directly go for filing of divorce then there is always a risk of your wife filing criminal complaint u/s 498A, 406 IPC, Domestic Violence Act against you. This is a very common tactics taken by the other side.

So my advice to you would be to try and settle the dispute by mutual consultation between the parties. That is, you may amicably decide not to stay together, instead of filing counter cases against each other. In order to do so,

1. Draw up an agreement stating that the parties decided to part ways.

2. That the parties decided not to file cases against each other and will file for a mutual divorce.

3. That all the Jewellery & stridhan has been received by your wife.

4. Decide as to which one of you will raise the kids and mention accordingly.

5. File the Mutual Divorce petition along with the agreement.

The Mutual divorce proceedings normally takes around 6 months to conclude.

Do let me know in case you need any more assistance.

Thanks