Hmop

Thank you for your suggestion mam.

I appreciate Shri Krishna.

You have used ‘he’ for your female spouse by oversight.

One instance that attack/hurt the ego, self respect, pride of either souse can ruin married life and inflict protracted litigation.

One should avoid such instances and control the situation before damage done cannot be undone.

If situation has worsened one should try for the simple and easy recourses.

If situation has become such that reconciliation for back to earlier times is not possible then one should accept with some compromises.

If situation has so worsened that repair is not possible then one should be prepared to face situation and litigation and succeed with easy and quick options.

If situation has so worsened that NO option offered by one party is acceptable to other party then one should face litigation as Lion Hearted.

During all this one should gather irrefutable evidences to defend one’s interest.

Is there any other option?

Do you have irrefutable evidence of the instances of Cruelty mentioned by you and all efforts to approach and reconcile and save the marriage?

Since you have been taking medicines (probably after consolation with a specialist Dr. say; Psychiatrist) then you may ask your Dr. on difference between Depression and Bipolar Disorder.

Instances of depression during stressful student life, even married life may not be uncommon.

Occasional bouts can be successfully treated.

However what was exact diagnosis ‘Depression or Bipolar Disorder’ or anything else?

If incurable mental illness that is not possible to be treated and/or cured and situation is such that other spouse is unable to bear the fallouts in married life then let the court liberate the spouse from wedlock on this count!

Isn’t IT!

Moreover, if you had not concealed the sickness (whatever IT is) then you have not offended.

If the charges/allegations leveled by one spouse are false and are directed to torment other spouse then IT is another instance of cruelty.

In Lok Adalat the effort to mediate may be successful or IT may fail.

IT is an opportunity given to both spouses. Try your level best and see if marriage can be saved or MCD is possible. Prepare for these most suitable options and resolve yourself or involve elders, well wishers, shrude negotiators…and settle down workable T&C for successful married life or MCD.

If all efforts fail then prepare for success in protracted litigation.

Irrefutable evidences, corroborating evidences, to the satisfaction of court work in courts of law. Emotional outbursts may not work.

If litigation stares at you then focus on your personal, professional life avoiding emotional outbursts and burden and handle litigation tactfully against OP.

Try to get in touch with successful PIP at your location and social groups that help, counsel, guide litigants like you and approach a very able Lawyer. Thus avoid committing mistakes that OP and lawyers on the side of OP can exploit.

In any case report of mediation shall be submitted and matter shall proceed.

You may obtain the evidence of employment and income of spouse.

Or the court can summon from employer.

Check and inquire if the employer keeps proper employment record, issues salary slip, PF number, ESIC card,  Form16………….and spouse must be filing ITR if income of souse is Rs.50000/pm from salary alone!

For custody of child you would need to establish your spouse is unable and unfit to raise the child.

Welfare of child is of paramount importance for court.

Both spouses have to maintain the child.

It shall be appropriate to seek proper legal opinion in person by showing all docs on record to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record………..for a considered opinion and to contest the matter in court successfully.

If you have already approached a counsel as suggested above then you may post what is the opinion of your counsel.

If you are confident of proceeding as PIP, go ahead.

I am sending you a few links and you may pick up the relevant points and become propery informed.

Avoid sharing with OP and anyother unwanted person but d discuss with your elders LOCAL counsels and competent and experienced well wishers..

Give consent for divorce.    Rid yourself of your wife.     No need to pay maintenance or alimony.

I beg the pardon of the Hon'ble Members.     There was some problem in the software and a portion of my reply is repeated.

Firstly, you need to make up your mind as to whether you want your wife or you want Divorce? Because though you mentioned that you want your wife and child, you have not filed for RCR but rather for Divorce.  If you want to save your marriage, you should withdraw your Divorce Petition and file for RCR.  However that might go against you in the future as your wife can claim that just because she asked for maintenance, you withdrew your Divorce Petitioner and asked for RCR. 

Given the facts and circumstances of your case, i would advise you to continue your Divorce Petition and oppose your wifes claim for maintenance on the ground that she has come to Court with unclean hands, made false statements and that she is not entitled for maintenance.  Your child, however, you will have to provide for. There is a possibility that if you succeed in defeating her claim for maintenance, your wife may settle the matter. 

Marriage is sacred. Hindu faith has utmost regard for marriage and 7 pheras. Take love route. Convince wife to dance to your tunes, togther you boht can dance to Bang Bang tune of Hritik Roshan. If cant dance also you can follow Hritihk roshan method of divorce.

Marriage is sacred. Hindu faith has utmost regard for marriage and 7 pheras. Take love route. Convince wife to dance to your tunes, togther you boht can dance to Bang Bang tune of Hritik Roshan. If cant dance also you can follow Hritihk roshan method of divorce.