Sad Husband (Frustrated Victim) 01 November 2010

Divorce- Please help

I got married in May 2009 in Mangalore. I am a resident of Mumbai. I am not very happy in marriage and want to get seperated. I live with my parents. My parents do not get along well with her nor do i. since feb this year she is not living with us and she is with her mother.

I cannot live with her any more and it is a mental torture. I think she will nto want to leave me cos i am the only son and we have a hoouse of our own and llive happily. but even she is not happy with us acording to her behaviour.

I need to get a divorce either mutually (which i think is difficult) or any other ways.

our marriage is only registerred inthe church in Mangalore adn we have not done any kind of registration in any court.

Pls help i am mentally tortured.

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 01 November 2010

Though your marriage is not registered still it is a valid marriage, and a valid marriage can be dissolved by a divorce decree passed by the court. If no reconciliation is possible then, convince your wife for divorce by mutual consent which will be hassle free for both of you to seperate peacefully.

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vijay (Accountant) 01 November 2010

Sir,

I got married on Aug'09 and got male child on jun'10 suddenly my wife is suffering from severe depression after analyzing the history it seems that she suffered from severe depression way back in 2004. In this regard I unable to lead a peaceful life with her suppose if apply for a divorce means child will be with me or with his Mother. Can I put case on the girl’s parents for cheating me whether can I get any penalty from them.

Regards

vijay

Roshni B.. (For justice and dignity) 01 November 2010

@ vijay jee

it wud be better if u post your query in a separate thread.you will also attract more answers this way

Sad Husband (Frustrated Victim) 02 November 2010

Thanks Archana for your advice,

However der is no chance of reconciliation.

Some tiem in june she along with her parents had come to my house when i was not at home and had created a scene demanding for half the share of the property. Later I spoke to her father and he said that we have tried to convince her for a MCD. But she is not ready and is asking for share inthe property. She is not living with me since Feb 2010.

Kindly let me know on what grounds can I contest for a divorce.

Adv Archana Deshmukh (Practicing Advocate) 02 November 2010

You can file for divorce on the ground of mental cruelty. You will have to show how her behaviour is causing you mental torture that you cannot live with her any more.

Adv Archana Deshmukh (Practicing Advocate) 02 November 2010

@ Vijay,

The child will be given to the mother only as it is a very small baby. Don't make any hasty decision for divorce at this stage. I have heard many women tend to get into depression after child birth for some period, it may be like that, consult a good doctor and try to cure her, think of the child befor taking any such step. Also this is no case of cheating, you cannot get any compensation for the same.