Legal Question in Family Law in India

can i divorce my wife if she is not willing

i am a jobless person married to my wife in May 2009. we lived happily for just one month. After one month she is harassing me so much. she wants the seperation from my parents. she is asking security for her life. she is saying that she married to a jobless person, she took the jewelery presented by us ,to her parents home in aug 2009, still the jewelery staying in my in-laws house. She is not doing anything in my house without their parents permission. For her every wrong action, my in-laws are not saying a single word,but blaming me everytime. getting a job is not easy when i am 31 years, it takes some time. They r not at all understanding my circumstances and situations.. They also added that they made this marriage because i will get a job of Rs 50,000 or 60,000 per month. They r insulting us in my relatives, but we are not saying a single word, we are thinking that my wife and in-laws are going to realize, but they are not. My wife is just a foolish person, she is saying that gold and property belongs to her is the only security for her life, she also said that i am not the security for her life. An advocate is staying upstairs in my in-laws house, thats why she is doing such nonsence to me, she goes to her parents home twice or thrice in a month. she and my in-laws are getting the loopholes in the system from that advocate. i am completely stressed. i am mentally shocked by seeing this all nonsence, i got severe headache and cervical pain, i been to the doctor , he adviced me to go to nuero physician. I been to nuero physician , the doctor carried out all the tests and told me that i am suffering from early spondylosis due to overthinking, mentally upset, hypertension etc.. i took the medicines for 4 months, but i didn't get well because of such nonsence from my wife. still i am suffering from spondylosis. i have a MRI shows that i am mentally upset. I decided to divorce my wife, and i told to her, but she is not willing to give me. Plz help me, The MRI, prescriptions from doctor are enough to convince everyone that i am mentally stressed. what are the proofs and evidences do i need to show in the court. Am i going to get divorce. how long it is going to take. plz help me


Asked on 6/19/10, 3:03 am

2 Answers from Attorneys

If any of the spouse does not wish to continue with the married life happily then any of them can apply for divorce and for it the consent or permission of other spouse or of any person is not required. The activities of ur wife is sufficient for seeking divorce on the ground cruelty etc. Consult a lawyer of your area.

Read more
Answered on 6/19/10, 4:14 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should stay cool. Avoid Legal recourse. Do not think about divorce or break-up. Try to follow your wife's advice. Let her seek legal advice. If she is insecure, help her making feel that she is secure in life with you. Forget about the money or jewellary. She is in law entitled to all her 'istridhan' which includes jewellary presented to her by and your parents / relatives. Do not keep any stress and take life the way it comes. Lawyers do not make laws; they only help people seeking their rights in law. Do not worry if a lawyer is advising your in-laws. You should not show any nervousness. You do not need divorce because in any case you may have to pay her maintenance. She is entitled to maintenance after divorce also even though you may be jobless. Therefore, better to remain peaceful and unprovoked by her actions.

Read more
Answered on 6/23/10, 3:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India