Biswajit C (Senior Software Engineer) 31 March 2011

Want to live seperate

Hi,

I am married one year ago, after being in a relation for 7 years. Before marriage, there were misunderstanding & tensions between us wrt loyalty (she suspected me having an affair with my the-then-ex-colleague). Barring all tensions, as I didn't wanted to ruin the relationship, i went ahead and married her. But in the last one year, the situation has gone worse to worst. I have made every possible reason not to stay connectd with her. She still keep on suspecting me, even after me changing my company, no sms/call from my ex-colleague and no meetings outside. Even if we cross roads (as we live in same neighbourhood), or if I go out alone for household reasons, or if my ex-colleagues plan a get-together where she is also supposed to come, the situation goes terrible, and i feel helpless to make her understand. Tracking my phone logs, suspecting msgs even from my frdns, etc is now a daily activity for her. Because of all this, love has faded away from our relation, and I am in no way ready to continue this relation only for the sake of commitment.

I have discussed about MCD with her, but she is not ready to go that way. In fact she wants me to file one, but i don't find any suitable ground to file one. Moreover, she and her mother-in-law threatens me of filling a police case in case I leave her and stay seperate. And I am unable to cope up with this daily problems and wants to stay under different roofs.

a) Is it legally possible for me to stay seperate from her?

b) Even if we go for a MCD, can i waive off the possibility of maintenance as she is working and is economically much more stable than me?

Please help me out.

Regards.

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2 Replies

Tajobsindia (Senior Partner ) 31 March 2011

@ Author

1. You can ask for Judicial Separation showing extreme hardships on daily basis based on suspicion of your character. Since she is asking you to initiate hence this is the only safe ground you have. However, once you initiate an activity under HMA it is bound that she in resent circumstances shall retaliate by filing for maint. and or other counter cases.

2. She earning more and able to sustain herself are matter of trial and one can’t say now what could be outcome of such moves.

3. MCD means mutually agreed to proceed for a decree in divorce proceedings and not what you are made to understand.

Biswajit C (Senior Software Engineer) 31 March 2011

@Taj, thanks for your suggestion.

However, let me clarify one thing here. By "...In fact she wants me to file one, but i don't find any suitable ground to file one...", I meant Contested Divorce. So, am I right here by saying that as per the legal grounds available for contested divorce, my case doesn't fall under any of those?

One more point if you can clarify further. I am unaware of the process of Judicial seperation, and how long it will take. Is it synonymous to divorce? And is it possible for me to stay seperate before going for JS?