Saicharan (IT) 11 October 2011

Filling divorce case against my wife

Hello Sirs,

I am 32 Yr old male have been living in London for last 4 yrs my nationality still is Indian, my wife and I are separated since Feb 2011 but she is insisting me to reunion but i am not as she is a mad woman and i have suffered a lot with her, I will just give you quick descripttion about our marriage, we did court marriage discreetly in the year of 2004 but later disclosed it to our parents and soon after they arranged a social marriage in year of 2007 to show relative and friends however i was very reluctant to marry her socially and tried to take my steps back but I had to marry her since i was legally married to her already and also she always used to threatened me to kill herself and always forced me to live with her and i have been living with her unwilling for all these many years, i tried so many times to explain her that i dont want to live her as we always have a nasty fights for every single little thing and don't have any compatibility at all but she always pushed me back and threatened me as usual. In later few years I have realised there is some problem with her behaviour and found out on the internet she is suffering from Border line personality disorder. A person who suffers from this disorder (BPD) becomes very uncertain and unpredictable. she used to cry a lot for no reason or bang her head against floor or wall or sometimes took knife to kill herself... but She always looked very normal in front of others acted like nothing had happened, later she became pregnant and delivered a baby boy in feb 2010 but her miss behaviour continued and became worst day by day i was very fed up with her daily new tantrums and eventually gave up and parted forcefully sending her back to India but in the mean time she showed her true colors and went to Mahila Thana ( Paramarsh Kendra) and lodged a complaint against my family but i was in London so they couldn't do anything and could not file 498a against me and my family.

Now through our common friends she is trying to convince and requesting me to take her back in London but i will not listen to her and requesting her to give me divorce.

Sirs, someone told me if i file divorce case against her wish i will be in a trouble and case can last for years but if i can wait for 2 more years and then file a case on the bases of dissertation, case would go in my favour.

Please advise me what would be the best way to get rid of her i am sick and tired of this woman and don’t want to do any compromises now. Please advice.

Many thanks

Saicharan

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20 Replies

R Nandy (N.A) 11 October 2011

Quote "I have realised there is some problem with her behaviour and found out on the internet she is suffering from Border line personality disorder" You are making a conclusion based on cursory reading on the Internet.Nobody will take this kind of statements seriously,leave alone the courts.

Saicharan (IT) 11 October 2011

Thanks for your reply Mr R Nandy, i am not making any conclusion neither i will say this to court. I was trying to explain my situation. your comments dont seem to help me if you have any suggestions please advise me so... thanks!

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 11 October 2011

DEAR SAICHARAN,

YOU HAVE TO FILE DIVORCE CASE IN INDIA IN ANY CIRCUMSTANCES. YOU CAN FILE DIVORCE CASE UNDER THE PROVISIONS OF HINDU MARRIAGE ACT WHICH PROVIDES THE GROUND CRUELTY, DESERTION & INSANITY. THE MOST SIMPLE GROUND IS TO FILE DIVORCE CASE UNDER DESERTION WHICH CAN BE DONE ONLY AFTER TWO YEARS OF SEPERATION.BUT IF THE PROBLEM PERSISTING IN YOUR WIFE OF MEDICAL GROUND WAS BEFORE YOUR MARRIAGE THEN IN SPECIAL CIRCUMSTANCES YOU CAN FILE IMMEDIATELY DIVORCE CASE BUT IN THAT CASE YOU HAVE TO PROVE THAT YOUR WIFE IS SUFFERING FROM SOME DISEASE.

REST CAN BE DISCUSSED ON PHONE.

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Saicharan (IT) 11 October 2011

Many Thanks Shailendra Srivastava sir so i file case under desertion how much time usually it takes to take the divorce?

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 11 October 2011

IT DEPENDS UPON THE CAPABILITY OF THE LAWYER IN THE MANNER HE FIGHT THE CASE.

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RevathiGanesh (Practicing Advocate) 12 October 2011

You should also note that If you file a case in India you should be present for every hearing in the Court. There is also a possibility for your wife to file Restitution Petition seeking re-union.

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galsober@yahoo.co.in (def) 12 October 2011

Originally posted by :Revathi
"	You should also note that If you file a case in India you should be present for every hearing in the Court. There is also a possibility for your wife to file Restitution Petition seeking re-union.	"

@revathi!

Plz elaborate for all here, how come he need to be present for every hearing if he is into HMA case as pertitioner or respondent?! Where is such law... come on its a CIVIL CASE

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RevathiGanesh (Practicing Advocate) 13 October 2011

@galsober!

It depends on the jurisdiction where he is going to file the case. If he belongs to the place where Family Court is established he should file case in that Family Court and not in other district or sub-courts. In case of his filing case in Family court he has to be present for every hearing personally. U/S. 13 of the Family Courts Act, 1984 he cannot represent himself as of right to be represented by the advocate, however he can seek legal experts advice. Practically he is going to file case through advocate only but if he files it as FMOP his presence is must to proceed/conduct the case. If he files case in any district Courts/sub-courts as HMOP he can represent himself through advocate as you said! If you know any different procedures tell me!

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Saicharan (IT) 13 October 2011

Many Thanks Revathi ji madam, sorry I am asking same question again, how much time roughly it takes to get the divorce? and also is it a good idea to file a divorce now or shall i wait until 2 years and file a case? please advise.

RevathiGanesh (Practicing Advocate) 13 October 2011

1. The worst case is we could not say the time within which you will get divorce. It depends on the circumstances of each case. If you file for divorce by Mutual Consent you will get divorce roughly in 6 months. For contested cases it can not be pretended. The cases I have seen are going around four five years.

2. Can advice about the ground for divorce only with the knowledge of full facts. But I have a doubt if you could succeed in choosing desertion as a ground, since she is interested in reunion/trying to reunite with you.

3. If you have decided firmly to go ahead in divorce you should approach a lawyer and proceed.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 October 2011

Mutual consent divorce: Six Months

Contested Divorce: God Knows.

I repeat sometimes:

Matrimonial issues are mostly settled out of court, for wise within six months, for fools in six years

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Saicharan (IT) 14 October 2011

Many thanks Revathi and Shonee ji...have a good day!

Suresh (Nil) 16 October 2011

Personal experience, settle out of court fast .

If amount is settled fast, husband can exit with little burns in fingers, if it is settled after 1/2 years- it will burn self and family's wealth too. Waiting charges are demanded more from other side!

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(Guest)

My suggestion is, If you had a baby boy or girl. Then first think about their future.

Disease of your wife is curable, You only need to consult a good phychatrist for her treatment.

If you are unable to manage all this, Consult with her family members and then they took her to a good doctor for curing her disease.

After recovery of her from her disease, She is overall normal. But normally this disease will be cured with in a six months to maximum of three year (Only medicine has to be taken in this disease on time nothing else).

As per me in your wife case, She will recover with in a maximum of one year.

Same time you need to took divorce from her or may be even more.

So first try to save your married life, IF you have any children from your wed-lock.

Rest decision upto your's as well you are a better JUDGE in your case.

Regards,

Abhinatre Gupt.

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