Divorce filed by husband on ground of mental torture

What are the terms of agreement ? there seems to be major disconnect over terms of settlement Im sure these things would have got discussed in mediation /counselling sessions, if counselling has started /yet to start then you will get chance to discuss them & you can handle them yourself with the help of family court counsellors.

why do you want to leave the city when the divorce petition is filed? 

leaving the city to get away from the family that caused all this mental torture and also to search for job so that I can atleast be self dependent. Counselling is not yet scheduled. There was a disconnect regarding the lumpsum amount, because one amount was floated, but they just said NO and locked the flat and went away.

Please advise.

because one amount was floated, but they just said NO and locked the flat and went away....

does this mean husband is absconding ? you are also saying you want to leave the city...this is confusing.

Pls share complete facts like what was amout asked, what is husbands income, who has custody of daughter. You say you want to be independent then why dont you stay in the same city, work and live a respectful life while also allowing the daughter to be intouch with her father (in case you have custody of the daughter). 

If you say your husband is collecting evidence from past 3 yrs then hes already made up his mind to fight tooth and nail. In my opinion go for MCD and negotiate on a decent amount as one time settlement or else you will have to roam to court for next 5-7yrs fighting your divorce case

The amount floated was 40 lacs, husband earns about 1.5 lacs per month. I have been trying for job for the past 5  months since my husband left me, but i did nt get any job. some frnds suggested that I shud try in other metro cities like mumbai or bangalore. Even I was not aware that he is collecting evidence. It was only few dez back that I learnt this and then I decided that its  no point in trying to continue to save this relationship becoz he is mentally away from me anyways. My husband is not staying with me for the past 6 months while I continued staying with his parents.Now the in-laws have also locked their flat and moved in with their son.I am unable to take my belongings from the locked flat. Please advise.

Sorry to hear your case.

They took advantage of you because nobody is there to ask for you. Better consult a lawyer and explain the situation clearly, tell him or her evidences your husband might have. What evidences you have?

I think by Court procedure you can get all your belongings. If you go through LCI there will be several examples.

You and your daughter will be entitled for maintenance.

In my opinion 40 Lakhs is very high. That is approximately 3 years of your husband salary. If you start working then your daughter will be entitled to maintenance that is 1/3 of your husband salary.

 

Hopefully some respected advocates or lawyers can throw some light on this part.

I have no evidence. He has audio recordings of any/alll arguments we had to prove that i coz him mental tensions. In fact I was hit by hisband and faher-in-law 3 yrs before and i had bruise marks that time but just becoz of my daughter i did not go to police and no tests and did no even say a word to neighbours. So I have NO evidence.Please advise.

Getting divorce based upon mental cruelty is very difficult. The standard of proof is very high indeed and the other party can tear the allegations apart in a cross-examination. For a wife, it is always better to get maintenance based upon monthly income rather than a one-time settlement if the husband is upward-mobile, professionally or in business. Why? As his income increases, you qualify for higher maintenance especially if a daughter is involved. One time alimony is usually low and though there is no magic formula that is applied, it ultimately ends up to be the perception of what is high/low in the eyes of the Judge.  Conclusion: File for maintenance and let other proceedings, divorce or whatever, take their course. With a child involved, keep hopes of reconciliation alive. If he files for divorce, just oppose it.  

 For a wife, it is always better to get maintenance based upon monthly income rather than a one-time settlement if the husband is upward-mobile, professionally or in business. Why? As his income increases, you qualify for higher maintenance especially if a daughter is involved.

Dear Samir, i beg to differ.... wife cannot directly get increase in maintenance if husbands income increases, as wife has to prove change in circumstances based on why she needs higher maintenance, and increase in maintenance will not be directly proportional to increase in husbands income. Also if wife starts working post divorce then she cant claim maintenance if her earnings are sufficient to take care of her expenses. Though a father has to continue supporting for daughters/childs maintenance till child attains majority

Also note husbands change in circumstances like getting remarried and expenses that increase thereafter, medical expenses etc etc will also be factored in. Also so far as businessmen are concerned it is difficult to ascertain true income as its often understated unlike for salaried employees.

(Other learned advocates in this forum can enlighten us further)

I had given a general opinion based upon the generally accepted principle that wife and particularly the daughter are entitled to the same living standard as that of the husband. If husband's salary increases, the rest follows in favor of the wife/daughter. Of course, ultimate decision is based upon specific circumstances and some circumstances can impact the wife adversely. However, there can be other circumstance that I can cite, which will impact the husband adversely. For example, if the husband is maintaining his parents, and they expire. Or, if the husband inherits an income bearing property. Wife can seek higher maintenance... I am not giving pro-wife or pro-husband advice here... just like to refresh  my legal knowledge in this area, the little that I have.