Alimony

As per your text version, I do not think there is no strong grounds for divorce. There should be strong grounds for filing divorce petition. 

The factual matrix that you have provided states except abuses which may or may not be proven; there is no element of cruelty. So better try to resolve the issue with mutual discussion.

This may well be a case of post partem depression. Why don't you try meeting a psychatrist / marriage counsellor.

The queries about alimony are vague and no one can guarantee time in courts.

Regards,

Shonee Kapoor

www.shoneekapoor.com 

Many people are going through this now a days....The City life and Stress is more.....

This is also a kind of depression and you are tolerating it. If you fight back you will become villian in the house...

She is working...and also needs to do lot of house hold work.....i.e adding another stress....

I believe even Lawyers and Advocates, Judges had quarrels & fights in there Family life....because we are all human beings....

Take a break and go for Family outing.....Change the atmosphere....may be spend some time in a village .....

Try Yoga & Meditation which gives balance of mind.....

The last option should be divorce....You are the best judge of your life....

If you want a divorce..you may have to go through Mutual Consent divorce.. Both people agree and mutually sign and after 6 months both are free....

Thanks Mr Ramacharya and Shonee Kapoor and SuperHero.....is s*xual rights not an issue for continuation of married life as per Hindu Marriage Act? What about mental stress caused by the relation? Does that not account to cruelty?? Will the absence of physical relationships between spouse amount to desertation? What about the abuses and maltreatment with my son? What about frequent abuses to me?? What other grounds do I need? We both are unhappy and living in great physical and mental stress but what I have realised that my wife would never initiate the divorce (although she is also fed up) and might not consent if we apply for a mutually consented divorce. We have tried all possible medical, physical, spiritual and other things including many consultations, mutual, familial as well as professional but nothing sees to be working as these issues have already taken almost 8 years now. Can I not apply under "irretrievable breakdown of marriage"??

Regards

The degree of these things do matter my friend, but nothing can be advised in concrete. Better meet a good lawyer and get a petition drafted; if that draft inspires confidence, file it. 

Are you reluctant to meet a marriage counsellor or you have discarded that option based on some thoughts/ experience?

I have dropped the idea of meeting any marriage counsellor as I dont want to continue this marriage at all for various reasons....Can you suggest some good family court lawyer in Indore (MP) who deals with divorce cases???

Regards

Can someone explain the following in terms of "living separately" as a pre-requisite for a mutual consent divorce?

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.