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Ravi (Manager)     16 April 2013

Divorce

 

Dear Forum

Would like to know about mutual Divorce under Christian Marriage act.

I got married in the year March,2003...was good for one and half year...we got two kids one born in 2004 and another in 2005..after the birth of second child - there is change in her mental behaviour the same kind of behaviour observed many times , when checked with their family..They said she is very closed her father, who was expired before our marriage...we thought she was in depression and we supported her. But no use she left us me and my kids to her mother place...we pleased and took her back...again see left with in 10days....the same story happened many times..... this is all happened because of her mental condition...show to doctor...as part of treatment electric shock was given..As on date was in hope that she will return...and don’t find any ray of hope...from 2006 onwards I with help of my parents taking care of my kids. Between 2006 to 2010 she uses to come with the force of her mother that too only for 24 hrs. From 2010 to till date there is not communication......would like to suggest me how to proceed.



 1 Replies


(Guest)

You have wasted  a lot of time, if going for divorce was what you were looking for.


The procedure would be simple.


This is a case of desertion, you can file a divorce petition based on desertion and mental illness of the spouse.


Send a legal notice via lawyer, asking her to come  back, failing which you will state that you will have to go to the court asking for divorce.


That's No. 1.


Another option is, sit with her and talk to her, that you want divorce, as you both have to roam to court halls for years together, want to avoid that?  Ask her to agree for MCD, also talk about the children's custody then and there itself, MCD should include the points about who will look after the kids, [as she does not seem to show any interest in looking after the kids, its better that you continue with the current set up of your parents and you looking after the kids] of course with child visitation rights if she ever wants to come and see the kids. Also have a talk with her about permanent alimony, one shot payment to her, if she is asking for a price for agreeing for MCD.  


Another option for you would be,


To sit and think about the future.  As you have stated she has deserted you under the pretext of her father passing away etc, she becoming sick in her mind due to this.  You might also want to marry again in the future, if you have decided to take divorce, in such case your options will be limited as good as none.  


If you still think that you want to give it another try, try sorting out things, try looking at things as to where what went wrong and try fixing it, remember you got two kids, kids need both parents.  If you think medical attention would be of help, then, try getting your wife get some psychiatric help and couselling.




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