pls answer my doubts.
rdburmanmusic
(Querist) 08 March 2010
This query is : Resolved
hello sir,
i have married since 2 yrs. i m facing cruelity mental torture by my wife. i have shown to psychiatrist and counsellor and in nimhans central institution for family therapy.first psychiatrist told it as personality disorder,second as adjustment disorder third in nimhans told as marital discord. .she is not ready for further therapy but torture me abuse me, no cohabitation for 9 months etc.. i have few doubts.since 2 yrs she is staying with me in same house. my parents staying in different place of karnataka.she is from mumbai. before sending divorce petition , i want to send notice to her and copy to her father saying all details and give them time period to reply.few doubts i have. can they come for talk? can she put 498 against me? if so vl she put in a same place where we both are staying? or can she go to mumbai and file a case?should she appoint a lawyer to answer my notice? she has 2 more sisters to be marry.. i know we cant tell what happens but ur experienced so u can predict.she is doctor but not working now but if she goes for work she vl get good salary. i m also doctor.her father also doctor.he is avoiding to come and discuss the issues always says he is busy. once he thretened me to send me jail etc.he scared about his prestige in mumbai. pls if u have time reply me. thank u.
rdb
Raj Kumar Makkad
(Expert) 08 March 2010
Such type of disputes are not in favour of either husband or wife. Families are ruined in such litigation and disputes. She can not only file 498A/406 IPC but also petition under DV Act, maintenance petition under section 125 Cr. PC, HM petition under section 9 or 13 along-with petition under section 24 HM Act.
rdburmanmusic
(Querist) 09 March 2010
thank u very much for reply sir.i have certificates from counsellor and psychiatrist saying we have severe marital discord and psychitrist know that we cant stay together. we have undergone family therapy for 2 weeks but she came early to avoid her disease daignosis so nimhans they couldn daignose her problem cos it was too early to decide they said but they said things will worsen if we continue relation suggested separation orally.she has 2 more sistrs for marriage,can they file case or think about her sister?can she file from where she stays with me now in same house or can she go back to her house and file?her father is govt employee doctor,busy only earning member.will he take so much trouble to appoint lawyer and come to my place from mumbai and fight? or will he call back her daughter to mumbai and put case there to torture us? or come for compromise? how if i only inform to womens cell before her? can marital discord will favour me in law as recently law commission sent recomendation to govt make irreparable marital discord should be ground for divorce. pls reply sir. thank u.
