Guidance neede

neetu (Querist) 26 November 2013 This query is : Resolved
Dear Sir,
We have 6 years of love cum arrange marriage. I decided to move out of the when I came to know about my Husband’s affair. I just have the copy of messages in the Inbox. We are having 5 years old daughter also, she is staying with my MIL separately.

My husband use to torture me physically & mentally but I do not have any proof as of now. He also indirectly demanded money from my parents also. Also he was not earning since more than a year. Also there was no intimacy between my husband and me since last more than 1 year.

We discussed several times across the table but was of no success. Now my husband, BIL & MIL are demanding the gold back from me which they gifted me after marriage.

I am staying separately from my husband since last 4 months & my husband alongwith his clothes has shifted back to hometown after I moved out of our rental home here in Delhi. Also as I am paying the rent of the vacant home but now I have decided to continue my studies and therefore it would be impossible for me to pay the rent. I have decided to sell all the materials at our rental house; is there any possibility that my husband can claim that amount, as that material was purchased after our marriage?

I want to finish all the relations with my husband as I have fear that in future, he would come again to me and would definitely keep some demand.
Also would like to mention that during the discussions he suggested to settle back to his hometown, for which I did not agreed; as there is no source of income at back home.
Also my husband is suffering from Kidney stone problem, due to which he says he cannot work. My question here is can there be any possibility that he demands alimony from me???I m too having Polio(10%) in my half body but is managing to work.
Please guide as my husband is not agreeing for divorce. Should I proceed for the Notice to Husband? Also if I proceed please guide me if I proceed then how much time and money will be used for divorce.

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adv. rajeev ( rajoo ) (Expert) 26 November 2013
If you are interested to live with him then go for consent divorce.

Rajendra K Goyal (Expert) 26 November 2013
Kidney Stone is curable totally. You have a daughter whose future is at stake. Try to have amicable settlement and save the marriage. In marriage take is less hoped and give is greater and by this phenomenon the marriage sustains. Forget ego and try to reconcile.

If there is no scope may proceed for divorce which would not be easy if it is not mutual consent divorce. You may inform him about disposing households of your home and wait his reply for some time.