Need help divorce decision
Sanya
(Querist) 31 October 2014
This query is : Resolved
I have mentioned below facts of my case and have some queries regards same:
Facts
1) Got married in 2012 and within 6 months of marriage serious medical condition got diagnosed (damage of both kidneys). My husband who was nice & caring to me initially showed his real skin. My life became living hell ever since then, he and his parents constantly tortured me to end the relation peacefully
2) Out of frustration and anger even i left my in laws house 3 times within short span of 1 year and at present also i'm staying with my parents and even 1 single time i texted him suicide msg which he has now in his mobile and claim to used against me in court of law to seek divorce
3) About my husband & his family, my husband use to be manager in a MNC co. and we were living separately, however ever since he lost his job and diagnosis of my medical condition we were forced to move back with my husbands parents.
4) I would like to brief a bit more about my husband due to his psychic nature. He lost both his present job and last job bcz he had argument with his boss and even slapped his last boss.
5) My husband has also couple of recordings saved in his mobile without my knowledge wherein he has recorded my conversations with my father about my father telling me not to have antibiotics and rather to treat myself with natural ways (yoga n all) and also a recording where my father condemns acts of his mother
Queries
1) First basic question should i give divorce as he certainly want and i dont.
2) Will my medical condition be a ground of divorce as mental cruelty (however no substantial evidence that my medical condition will not improve)?
3)As he is threatening me with life for not calling him or not to approach my in laws house, how should i pursue to talk him out (both his parents taking his side and want separation too)
4) In case of divorce how should i claim my stridhan?
5) I have no source if income at present n my husband is also jobless living with is parents. What would be my alimony and maintenance claim in the case of any eventuality? (As my parents spent a lot on my marriage)
6)How long does divorce proceedings usually take? Is there ant min. or max. period
7)Lastly my question how would a judge verdicts in such a situation where husband seek divorce on medical condition.
Thanks In advance for any help
V R SHROFF
(Expert) 31 October 2014
should i give divorce ??
ans: NO
Devajyoti Barman
(Expert) 31 October 2014
1. Ask yourself.
2.Mental disability is a ground of divorce.
3. Call him . If he refuses then legal recourse seems only option.
4. Claim so in case under PWDV Ac and also under section 406 IPC.
5. Alimony should be around 1/3rd of his current/last income.
6.5-6 years/
7. depends on merit of case.
Rajendra K Goyal
(Expert) 31 October 2014
1. No.
2. Let the court decide after going into the details.
3. Record such threatening. You have right to stay in your maritorial house.
4. You can claim your stridhan. Should lodge complaint to woman cell. You can claim maintenance through court.
5. You should claim.
6. In Mutual consent divorce it take 6 months after first motion, contested case takes 2-5 years.
7. Depends on the merits of the case.
ajay sethi
(Expert) 31 October 2014
agree with experts
Sudhir Kumar, Advocate
(Expert) 01 November 2014
1) First basic question should i give divorce as he certainly want and i dont.
Ans : Purely personal to you. Husband's mental condition and your condition by way of torture is a round for you to seek divorce if you so desire.
2) Will my medical condition be a ground of divorce as mental cruelty (however no substantial evidence that my medical condition will not improve)?
Ans : If the mental torture related to marriage has resulted in loss of mental health then it can be a ground of divorce.
3)As he is threatening me with life for not calling him or not to approach my in laws house, how should i pursue to talk him out (both his parents taking his side and want separation too)
Ans : At thana or woman cell office. They also know a little bid of psychiatric treatment.
4) In case of divorce how should i claim my stridhan?
Ans : At thana or woman cell office. They also know a little bid of psychiatric treatment. Many psychiatric (atleast full or partially pretending) patients start behaving well at right of red turban.
5) I have no source if income at present n my husband is also jobless living with is parents. What would be my alimony and maintenance claim in the case of any eventuality? (As my parents spent a lot on my marriage)
Ans : Not a time to discuss this.
6)How long does divorce proceedings usually take? Is there ant min. or max. period
7)Lastly my question how would a judge verdicts in such a situation where husband seek divorce on medical condition.
Ans : not a good question to ask on public portal.
