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Mental torture by wife. How to proceed ?
29-Apr-2023 (In Divorce Law)
I am a hindu. My wife wants to convert to a catholic and wants my parents and me also to convert. When we refused she started breaking hindu idols breaking the om sign and mocking hindu religion. When we tried to stop her she threatened us saying she will kill us. She is being influenced by some people of the church to do things till we give up and convert. I spoke to her and she agreed for a mutual divorce. I told my advocate to prepare the papers. She signed them and ran away from the court. She came back in the evening and said she will not give a divorce and she will stay in my house and do whatever she wants to and no one can stop her. I am in mental stress. I dont want to pay her any alimoney nor maintenance nothing because she doesnt deserve it. She is torturing me and i cant accept it.
I have a direct explanation as per an order passed by a High Court:
If an estranged wife, after filing for divorce through mutual consent and took money under an agreement, takes a U-turn and subsequently withdraws consent for divorce and force the husband to pay more money, then such a step itself is a valid ground for divorce and such U-turn cannot be allowed to be used to harass the husband, the High Court has held.
The order came on an appeal filed by one A; against the order of distirct judge, whereby the latter had dismissed the joint petition moved by A and his wife under Section 13B of Hindu Marriage Act for granting divorce by mutual consent based on a compromise.
As per the compromise arrived between the parties, A agreed to pay a sum of Rs 5 lakh to wife to get their marriage dissolved by way of mutual consent and also to get an FIR filed under Sections 498A and 406 against him and his relatives quashed.
The agreement was acted upon, money was paid and based on it, a single judge of the high court quashed the FIR filed against the husband.
However, later when the district court was about to grant the divorce, the wife withdrew the consent alleging that she has not been paid any money for alimony and that the agreement was arrived under force. On her application, the district judge, dismissed their joint application for divorce.
The husband then appealed in the high court. Husband's counsel,contended: "The mischievous and unilateral withdrawal of consent by wife at a belated stage, more so when she has accepted the money and never made any effort to reconcile in the past 7 years, cannot be said to be a genuine act."
Upholding the contentions of the counsel for petitioner, Judge in a 81-page judgment said: "In such cases in the present day society, the 'consent' is mischievously withheld or delayed to extort more amount of permanent alimony than the one initially agreed upon and received by the estranged wife from the forlorn husband. An application to formally withdraw the petition under Section 13B moved unilaterally without real intent to join back & restore the matrimonial home can be used as a tool for harassment of the husband to extort more money from him, knowing well that at that stage pushing him to the channel of regular divorce petition would not only be a long drawn process but the same would not allow him any opportunity to remarry with the advancing age if he still wants it & settle in life again."
Reprimanding the conduct of the wife, the court said: "What has been stated by the wife in this case is not genuine. She has no intention to live together and she never made any effort to reconcile nor refunded the money taken. Her statements are nothing but simply tissues of lies and simply an afterthought."
The court held that if consent is sought to be withdrawn on some frivolous grounds or just to open a front to extort more money, then the withdrawal of such consent has to be examined in the background of the reasons given for such withdrawal and the courts below can still pass a decree of divorce even if the wife has moved an application to annul the divorce petition filed jointly with her estranged husband.
Setting aside the order of the district judge, the high court held that the consent of the wife to not to live together was continuing and granted decree of divorce to the husband.
If an estranged wife, after filing for divorce through mutual consent and took money under an agreement, takes a U-turn and subsequently withdraws consent for divorce and force the husband to pay more money, then such a step itself is a valid ground for divorce and such U-turn cannot be allowed to be used to harass the husband, the High Court has held.
The order came on an appeal filed by one A; against the order of distirct judge, whereby the latter had dismissed the joint petition moved by A and his wife under Section 13B of Hindu Marriage Act for granting divorce by mutual consent based on a compromise.
As per the compromise arrived between the parties, A agreed to pay a sum of Rs 5 lakh to wife to get their marriage dissolved by way of mutual consent and also to get an FIR filed under Sections 498A and 406 against him and his relatives quashed.
The agreement was acted upon, money was paid and based on it, a single judge of the high court quashed the FIR filed against the husband.
However, later when the district court was about to grant the divorce, the wife withdrew the consent alleging that she has not been paid any money for alimony and that the agreement was arrived under force. On her application, the district judge, dismissed their joint application for divorce.
The husband then appealed in the high court. Husband's counsel,contended: "The mischievous and unilateral withdrawal of consent by wife at a belated stage, more so when she has accepted the money and never made any effort to reconcile in the past 7 years, cannot be said to be a genuine act."
Upholding the contentions of the counsel for petitioner, Judge in a 81-page judgment said: "In such cases in the present day society, the 'consent' is mischievously withheld or delayed to extort more amount of permanent alimony than the one initially agreed upon and received by the estranged wife from the forlorn husband. An application to formally withdraw the petition under Section 13B moved unilaterally without real intent to join back & restore the matrimonial home can be used as a tool for harassment of the husband to extort more money from him, knowing well that at that stage pushing him to the channel of regular divorce petition would not only be a long drawn process but the same would not allow him any opportunity to remarry with the advancing age if he still wants it & settle in life again."
Reprimanding the conduct of the wife, the court said: "What has been stated by the wife in this case is not genuine. She has no intention to live together and she never made any effort to reconcile nor refunded the money taken. Her statements are nothing but simply tissues of lies and simply an afterthought."
The court held that if consent is sought to be withdrawn on some frivolous grounds or just to open a front to extort more money, then the withdrawal of such consent has to be examined in the background of the reasons given for such withdrawal and the courts below can still pass a decree of divorce even if the wife has moved an application to annul the divorce petition filed jointly with her estranged husband.
Setting aside the order of the district judge, the high court held that the consent of the wife to not to live together was continuing and granted decree of divorce to the husband.
Helpful?
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Dear client,
Sympathy towards your problems, you can file a case for divorce against your wife on the ground of mental torture and denouncement of Hindu religion. But legaly speaking you cannot escape from paying her maintainence and you have to maintain her.
Sympathy towards your problems, you can file a case for divorce against your wife on the ground of mental torture and denouncement of Hindu religion. But legaly speaking you cannot escape from paying her maintainence and you have to maintain her.
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47+
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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I do not know whether you should place any sorts of Documents for such Conversion of your wife. If you have, then it is a fit case for Divorce for and on behalf of you.
If you have said paper in you hand (Copy of it is sufficient) then you should file Divorce against your wife on the ground of conversion from Hindu to any other religion.
Mutual Divorce is not right for your Case.
If you have said paper in you hand (Copy of it is sufficient) then you should file Divorce against your wife on the ground of conversion from Hindu to any other religion.
Mutual Divorce is not right for your Case.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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