Seeking divorce
karthik karthik
(Querist) 25 March 2015
This query is : Resolved
Hi, i need some advise here.
I got married in 2012, after the marriage everything was fine for first 3 months later my wife started to behave very demanding and if dont listen to her she use to behave curel for silly reasons-she user to shout in the mid-night, bang her head to the window iron rod or the mirror, when i try to stop her she use to go outside of the house and shout for help to create an impression that i am harrasing her. Onec I observed that my wife was under some medication she was consuming tablets every day without my knowledge, when enquired about this i came to know that she has Epilepsy this was not told by her or by her parents before the marriage, i took her to the hospital to make sure is she under right medications and is that causing her to get very anxiety and to behave abnormal.
Doctor advised to avoid pregnancy until its under control and advised her to reduce the weight and follow correct diet and medications.
I tried out all possible way to take care of her but lately she started to be even more demanding me not to go for work and shift with her parents when i said no for this she started creating fights with my parents when i am at work, she use to trouble me not to go for work this went on till Nov 2013.
One day she force me to take a leave from my work and demanded to shift with her parents when i dint accept she created the scene and raised hands on my parents.
I reported this to her parents so they took her to their residence, i logged a complaint in Police station Spandana Bangalore and requested for a psychiatric counselling we both went for counselling for 4mothns later she changed her residence and dint turn up for counselling mean while i consulted a lawyer and applied for anticipatory bail and sent her the 1st legal notice, but now the problem is i am unable to get hold that lawyer as he giving health reasons to meet. Its been 4months since is sent the 1st notice i still dont know weather the notice has been reached to her or not, moreover my inlaws has not taken any steps so far they want me to file a divorce petition so that they can ask for compensation[i have not taken any dowry from them] i am confused about the next steps please advise me on how to go about this and what should i do.
adv. rajeev ( rajoo )
(Expert) 25 March 2015
If she is suffering from non recoverable disease then go for divorce on that medical ground
karthik karthik
(Querist) 25 March 2015
i want to know how can i prove her cruelty as i dont have any records for that
karthik karthik
(Querist) 25 March 2015
she has Epilepsy and even during Psychiatrist doctor prescribed a tablet which is for schizophrenia, i have records for this but i do not have any records for her cruelty which she did earlier.
Currently she is working but i do not have any records even for that
Devajyoti Barman
(Expert) 26 March 2015
The medical illness is no ground for divorce unless you could prove that concealing the said facts they got the lady married with you.
Cruelty can be proved by witness, not necessarily through documentary evidence.
Rajendra K Goyal
(Expert) 26 March 2015
Consult your in-laws and explore the possibility of her treatment and hence leading a normal married life. Also explore possibility of Mutual consent divorce.
If not possible file divorce case and proceed with the proofs with you.
Guest
(Expert) 26 March 2015
Mr. Karthik,
Your question, "how can i prove her cruelty" is strange, as what cruelty is done to you is known only to you, not anybody else, particularly the experts over here, who should not have been expected to know background of your family and their habits/ intentions. It is only you, who has to prove based on facts known to you only.
However, discussions with your own lawyer may help you much.
ajay sethi
(Expert) 26 March 2015
has her illness been suppressed at time of marriage ? when you discovered the fraud? you should have filed for annullment within period of 1 year of discovery of fraud . file for divorce on grounds of mental cruelty . the fact that she physically assaulted your parents amounts to mental cruelty
Biswanath Roy
(Expert) 29 March 2015
If the girl had/have been suffering from incurable mental diseases from her maidenhood but her parents by suppressing such illness of their daughter got her married then such marriage is a nullity and the parents are liable for legal prosecution for committing fraud.
T. Kalaiselvan, Advocate
(Expert) 29 March 2015
Even now you can file a divorce case against her for cruelty and desertion etc. However, it is not understood that why and how did you get anticipatory bail even before there is a police complaint against you by her or her parents?, I think you have been misguided by your lawyer in this regard(?), you may change the lawyer and try to process the dispute in a proper way, whether to continue or call it quits.
