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Parag Sharma (xyz)     15 May 2012

Desertation by mentally cruel wife

Hi All, I seek advice on my case of my mentally cruel wife who deserted me in June 2011; we got married in Feb 2011.

She has been mentally cruel to me as follows :-

a) Severe problems with her bad temper, quarrelsome attitude and foul and abusive language. Abused me in front of my relatives. Tried to do fatal damage to herself and me after losing her mental balance out of bad temper.

b) Forced me to do unnecessary expenses eg. Rs. 10,000 every month on her beauty parlour expenses, against my wish and capacity. I am willing to spend on her for other necessary things like food, medication, etc but not on parlour every month for sure.

c) left the home twice already with all her luggage and jewelry.

d) Threatened for suicide over petty issues, which caused mental torture to me. 

We have already proposed mutual consent divorce to them but they are not agreeing to that and want to forcibly send her back.

Now, her parents are threatening us to file false 498s/DV cases if we do not accept her back .

They have also sent us a legal notice by courier through a lawyer, that we have not received yet.

I have not taken any legal action yet, but planning to file an NC in the local police station tomorrow before receiving their legal notice stating her mental cruelty and threat from her parents. Would that be a right approach?

Also, please advice what should be my future course of action to get rid of her smoothly.

Me and my family are under great mental trauma now. I would be grateful for any advice and thoughts.

Many thanks.

Parag



 2 Replies

Guest (Guest)     15 May 2012

Complain in writing to the police about her threats to implicate you in false cases so that as and when a false case is registered against you, the journey to get Anticipatory Bail becomes smooth. Record the conversations,if any, you have with her wherein she holds out such threats. File for divorce on the ground of mental cruelty before she files false cases as in the event of her registering a false case against you subsequent to you having filed for divorce, her case would prima facie be seen as a counter to your case, and filed with the oblique motive of harassing you.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Parag Sharma (xyz)     15 May 2012

@Ashish Sir, Thanks much for the advice. I have two more queries:

Should I go ahead and file the divorce petition before replying to their legal notice? Is it required/advisable to reply to their legal notice before filing the divorce petition?

How much time does it normally take to file a petition in the court and summon to reach their hands (interstate case)?


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