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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11624
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Hi I am being harassed by my wife from past more than 2 years.She

Customer Question

Hi
I am being harassed by my wife from past more than 2 years.She stayed in my house with parents for 7 months of marriage.Those months also she did not respected any one of us , she never did any house hold work, always used to sit in her room and keep chating on phone etc.She used to quarrel with me almost daily.One day all her relatives and family members i.e. around 22 persons came to my house and took her back with all her belongings.They abused me for my manhood and tortured my parents.Started violance on my handicapped mother.10 days after this she told my relatives that she is pregnant and later 1 week of this news she told it got aborted.After all this she stayed at her parents place for 5 months and as my job transfered me to mumbai she came there and started staying with me.we stayed in mumbai for a year almost where she used to stay at home and used to force me for spending more , taking loans etc.
I got another job and moved to hisar after that.She came to hisar along with me but started forcing me to increase my expense.She is also earning but she dont give a peny to me and ask even single peny for expense from me.Now she want me to purchase luxury items and if I am unable toa fford she tortures me telling she will go to police and spoil my parents etc.I was depressed and one day she left my house and went back to her parents.Its now more then 5 months she is there with no contact with me.
I submitted a application to president detailing this just for information.a constable went to their place and now he told me we have to be there in a wome cell for a hearing.I am not sure how to procedd.Please advice me I want to get rid of this relation.I am being mentally tortured and going into depression.
Submitted: 2 years ago.
Category: Family Law
Expert:  ANDREA, replied 2 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name is Andrea, I am a licensed, practicing Attorney We do not have any Denmark or India law categories, but I will be glad to research your question and find an Answer for you, but I need a bit more information, if you do not mind,

Q. 1. Am I correct in saying that you want to be divorced from this woman ?

Q. 2. You said that she is now living with her parents, Is that in India ?

Q. 3. You stated that you wrote a letter to the president; Are you referring to the Judge in the Court which handles divorces ?

Q. 4. Does your wife want a divorce ?

Q. 5. Under the laws of what country were you married ?

Q. 6. Were you married according to Hindu laws and customs ?

Thank you


Customer: replied 2 years ago.

Yes i want divorce form this woman.

She is living with her parents in india and even i am in india.

I wrote letter to president of india stating my problem.

I m not sure if she wants a divorce.

We are married as per hindu custom where we are legally married in indian law.

Expert:  ANDREA, replied 2 years ago.
Thank you for your information. I am sorry that your wife has treated you so badly.

Under the Hindu Marriage Act of 1955, there are 5 grounds on which a divorce may be granted:

1. Adultery - Although there is no formal definition of "adultery" under Hindu law, the Courts have defined it as one spouse having sexual intercourse with another person to whom they are not married;

2. Desertion - One spouse leaves the marital home with no intention of returning and stays away for a period of at least 2 years;


3. Cruelty - As in "Adultery", there is no formal definition of "cruelty". But, it includes both physical and mental cruelty. It is important to note that the Court applies a different standard to a wife and to the husband in its determination if cruelty was involved;

4. Impotence - The spouses have not been able to consummate their marriage because of impotency of either the husband or the wife;

5. Chronic Disease of one of the spouses- This also includes sexually transmitted diseases.

I do not think that a letter to the president of India will do you any good with respect to the way your wife has treated you. In order to get a divorce from your wife, the Hindu Marriage Act of 1955 requires that the person seeking the divorce must file a Petition for Divorce with the Court. The Court will then provide you with instructions on when a hearing will be held and what information and evidence the Judge will want you to bring.

I hope this information helps you in deciding what steps to take in your situation,

Thank you for the opportunity to be of assistance,


Kindest Regards,

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