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avinash   03 January 2016

Divorce under mental cruelty

I had an arranged marriage on November 18 2012.I had no intention of marrying my wife.During the period after the marriage talks had started,I informed my wife that I did not want to marry her.I also informed her that i was undergoing treatment for adjustment(I had returned to India after 9 years) and anger therapy & I pointed out the 10 years age difference between us.Her father and family threatened my parents and forced me to sign a document that said i would marry her.Accordingly the marriage was solemnized under Hindu rites.I did not ask nor receive any jewellery/cash/property.She forced me to allow her father to stay in my house(within 3 months of marriage) and pay him.This was because she needed help during pregnancy & to raise our child.I also employed a full time nanny to help her at the same time.My first daughter was born on September 7 2013.My mother died on July 26 2013.My father died on December 25 2014.Her attitude which was already a problem from the beginning progressively increased.She refused to run the Beauty Spa(after agreeing to this before marriage & undergoing expensive training) that my mother had built into a flourishing business,and ran it to the ground.She and her father broke a glass in the house one day and threatened to file a domestic violence case against me.They forced me to get admitted in a clinic.After the death of my parents I filed papers with the bank to transfer loans,accounts & safety locker to me(sole legal heir).The manager repeatedly denied all access to accounts & safety locker.I paid the remainder of the loans.When i visited the bank on July 9 2015(6 months after submitting needed documents),the manager informed me that it was my FIL who had asked him not to allow me access to the bank accounts & locker.I threatened to go to court.He asked me to return the next day(July 10 2015).When I confronted my wife & FIL over this,they denied any knowledge of this matter.I also asked to see the 25 sovereigns of jewellery which i had bought for her.She claimed it was in her father's bank locker.I objected to this and demanded that she bring the jewellery home.

My wife left my residence on July 10 2015,taking my daughter.She was also pregnant at this time.I contacted her,my FIL & her family members.She remained out of contact for almost 4 hours.My FIL & family members roughed me up & asked me to sign documents which would give my wife and FIL control over my property.They also threatened to have me arrested.I slipped away around noon and went to the commisioner's office.They sent me to the local station.There my wife was present and had filed a domestic violence case against me.I was also informed that they had filed a similar complaint a few months back.My family members after getting information from neighbours & friends asked me to come immediately to my mother's native town.

I left on July 10 2015 & arrived back with family members on July 13 2015.They had filed a petition in the court to stop me from accessing the locker or bank accounts.They had submitted to the court that I was mentally unsound(clinic gave a certificate).I counter filed and got access to locker & accounts.We also proved I was mentally sound.We tried to resolve the matter,they agreed.They withdrew the police complaints as false & that they had bribed the doctor & bank manager.We arrived on a compromise that she would live separately for 6 months.I agreed to pay her housing advance,rental,medical & miscellaneous bills.I got her apartment fully furnished with all amenities enjoyed by her in my house.I also got her grocery items needed for cooking.I also gave her 1 lakh for incidental expenses.My second daughter was born on November 28 2015.

The next day I received two life insurance policies worth 9.5 lakhs(annual premium totalling 85,000) in her name.She claimed to be a tution teacher earning 2.5 lakhs per year.Her father is listed as the agent for the policies & he is also the nominee.I also have bank SMS messages that show 6 lakhs in her accounts.There is no plausible explanation for this.When confronted with this she said it was her father's money and he had paid for the policies in her name.I responded saying her father had borrowed 5 lakhs from me in January 2015 for her brother's wedding expenses & that the SMS messages were from April 2015.She had no explanation for this.

Her actions have only gotten worse.I have plenty of phone conversation records which have her implicating herelf and her father in this nonsense.I have asked her to leave her father and come back and live with me.She refuses to do this.She insists that I should pay for all expenses,while she would not account for her expenses.

I am ready to file for divorce under mental cruelty.I request help with

1. divorce

2. child custody

3. maintenance(temporary & permanent)

Any help would be greatly appreciated.


 5 Replies

jaig   03 January 2016

Are you outside India ? All these happened outside India or in India ? If outside who sponsored FIL's visa ?

Can you file complaint against the bank to get their same explanation in written ? I don't know if that amounts to cruelty - lawyer can ensure that.

You seriously need to take care of yourself because of your mental situation, and also get a very good lawyer. Can you open a new account at a different bank without their knowledge and transfer the fund there, in the process if they prohibit you from accessing your own money, take help of lawyer.

I think its best dont confront them, it will only allow them to adjust their moves. Keep collecting the evidences. I have a feeling you can make a strong case of extortion if you get a strong criminal lawyer.

avinash   03 January 2016

All this happened within India.I have not gone back to USA since my marriage.I have not applied for any visa for residency papers for my wife.

I have opened an account with a different bank.I have retained the old account(with minimum balance) just in case I need it.No transactions on the old account since.

As far as medical situation goes..I have been declared fine by top government & private doctors.The reason I admitted myself is because I found it extremely difficult to adjust to India after not having lived here for 9 years.Its been 4.5 years since I returned.I am perfectly adjusted now.

I have a great lawyer helping me.I am looking for anyother help & advice I can get.

Advocate.S.A.Siddiq (Advocate)     03 January 2016

File the divorce petition. Than file the guardian custody petition . after you transfer the cases to mediationADR

Advocate.S.A.Siddiq (Advocate)     03 January 2016

File the divorce petition. Than file the guardian custody petition . after you transfer the cases to mediationADR

laxmi kant joshi (instructor)     03 January 2016

1. Yes you can file divorce u/s 13(1)(i-a) of hindu marriage act on the ground of mental cruelty, keep save the phone recording, false police complaint, bank locker disputes etc as an evidence which supports your allegations are right . 2. You didn't get child custody because the children are below five years of age , you can file visitation rights u/s 26 of hma . 3. If she is not a working woman and have no other income from other sources then you have to pay maintenance to her .

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