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beggin148   08 August 2016

Getting divorce from mentally cruel husband

Hi I’m Nancy from Tamilnadu working in an MNC married on 2013 , I’m living with my husband and my in laws. I need  some good lawyer to proceed my divorce. I will give a short descripttion about my problem. My husband is not taking care of me at all, he is not speaking to me, he never ever hurts me physically  but instead he gives me ,Big cruel mental torture like scolding with bad words, always angry face, says that I won’t take you out anywhere, broking my mobile & sim card and saying im not his wife, My in law is forcing me to make argument with my husband if I do that my husband is scolding me using bad words & making me quiet. In addition he is speaking very bad about my family hence my family members are scared to come and meet me. In the past 3 years we hardly had finger counts marital intercourse if I ask about child also he is telling I’m not giving you child. He is telling that he doesn’t love me. If that’s truth why he is not applying divorce or go for mutual divorce because he needs my money and gold enjoying the privileges. He doesn’t even allow me to go my home if i ask permission he is threating me “you can but never think to come back”. I know I’m 100% clear hand and good but he is blaming me unnecessary and degrading my status in society. I don’t know what he wants from me exactly. I gave my all gold and every month I’m giving my complete salary to him I’m not even allowed to purchase new dress to for me on my own. But he acts very good outside. I rarely spent 1000 Rs in a month for my personal expense that too even I drink a coffee I have to tell him. Recently he bought new car , he personally enjoying his life as he wishes, he had security two locks for his mobile I should not touch any of his properties like laptop ,mobile, Wi-Fi even TV remote. So I can’t able to judge him whether he have another affair or not  I’m not sure about that. I feel very lonely ,I never able to smile in that home, I feel missing myself, I completely became insane, he is not allowing quit my job and sit in home because he needs money. I can’t work properly I’m just spoiling my life , I completely don’t know what to do. I can’t able to tolerate but somehow thinking of my family situation considering my younger sisters life I’m keeping quiet. Even my father is confused how to proceed and save me. I don’t have any evidence against him. I need your support in guiding me how to  collect my gold and salary back from him and getting divorced from him. I completely hate him cant able to live with him anymore. Please support and guide me.

 

 



 10 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 August 2016

The facts you hace described form a very strong basis of seekign divorce. The grounds are sufficiently effective and hold force in the eyes of the law. No one should have to bear such treatment whatsoever be the reason.

If you wish to engage a good lawyer send me a private message or contact me on 09999931153 . I shall provide you with the contact details of my colleague there.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Kapil Chandna (Lawyer at Supreme Court of India)     08 August 2016

Mam, 

 

Nicely Advised by Mr Chatterjee. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

A walk alone (-)     08 August 2016

Sister if you are in matrimonial home then collect evidence. Just record when he and his family shouts use bad words etc. First try to sort out matter by mutually sit together and try to solve problems. Most of problem can be sort out my mutually discussion. If it fails then after collecting evidence organize a meeting of elders of both side. At last if everything fails and you decided to go for divorce try mutually if he not agree file divorce with the help of these evidence . Dnt file any other case. Remember one thing before filing any case court procedure is long one. Never file any false case .

(Guest)
Though the reasons may be seen as mental cruelty by a third person, fact is it can takes about 3-6 years to get the divorce in family Court itself. From there he can appeal the decision in higher courts and prolong for another 4-5 years. If you want a divorce, best case is to just bring elders together, explain you don't want to live with him and convince them for MCD. Explain them through elders that if they dont give divorce, life will be hell for them also since the laws are very much on th he girls side. Don't show your desperation for divorce though because if they sense it, theyll try to give you very less alimony. I strongly not to file cases including a contested divorce petition unless absolutely necessary. You'll lose valuable life ahead of you in trips to the court. I personally know many men and women who spent 5 or more years in obtaining divorce and wading through legal battles.

beggin148   09 August 2016

Dear sir,

Thank you so much for your valuable feedbacks

I have few SMS conversation about our realtionship status which we discussed that describes my situation and my bank acccount statement.Will that be considered as an eveidence or i need to collect more.

Both family elders have already discussed for two times at the end there is no output.My husband is blaming my family and insulting us.So my father thinks that father-daughter relationship should be sacrificed for healthy husband-wife relationship hence he is not coming and visiting me.

Ok if in case we sit and speak again to convince what if he dosent agree to get mutual divorce example he already had car loan/personal loan.He needs my money gold.How we can expect him to agree for MCD.what could be my next proceeding if MCD dosent works.


(Guest)
He WILL agree to MCD unless he is a psycho. You just have to give him the best deal. Sometimes that could be as good as ZERO alimony for you. It sounds bad, but sorry that is the fact. I know many cases where wives desperately in need of divorce gave up alimony that they would otherwise be entitled. So think what most important for you. If you need divorce, you must be prepared to give up money. If you need money, then you can file contested divorce at the expense of numerous trips to courts for many years, for a paltry alimony but with a lot of headache, and expenditure of time and energy, not to mention loss of youthful life. Choice is yours.

Vibha   10 August 2016

  1. Collect as much evidence as possible.
  2. Fighting contested divorce in Indian courts is worst case outcome for you. No matter what evidence you have, if your husband wants he can drag the case for very long time - long enough that your hair will turn grey.
  3. Husband also will not want such long battle, but the climate for matrimonial disputes in Indian courts is horrible. Aggressive lawyers will push both sides to file so many cases that relationship will become very adversarial and both sides will want blood and fight for 10 years. 
  4. Best scenario is to walk out of marriage without such ugly battles. MCD takes 6 months and you both are free to live your life. 
  5. Aim for quick divorce and you will find a way to get it. If you aim for retribution then you will join the ranks of lakhs of couples spoiling their life roaming courts and paying lawyer fees.

whatnot   10 August 2016

Originally posted by : Vibha

Collect as much evidence as possible.
Fighting contested divorce in Indian courts is worst case outcome for you. No matter what evidence you have, if your husband wants he can drag the case for very long time - long enough that your hair will turn grey.
Husband also will not want such long battle, but the climate for matrimonial disputes in Indian courts is horrible. Aggressive lawyers will push both sides to file so many cases that relationship will become very adversarial and both sides will want blood and fight for 10 years. 
Best scenario is to walk out of marriage without such ugly battles. MCD takes 6 months and you both are free to live your life. 
Aim for quick divorce and you will find a way to get it. If you aim for retribution then you will join the ranks of lakhs of couples spoiling their life roaming courts and paying lawyer fees.
 

All above points are very valid. I have highlighted particular point which needs personal introspection.

It is our nature to use Justice system to seek justice what we feel as unjust. The whole existance of Penal code is based on above line.

No matter what, future is in your hand and don't let past ruin this future.

MCD should be pursued until it is deemed as failure from court itself.

File a Divorce case with prayer for a faster releif. You may have to file petition in High Court as well.

 

beggin148   11 August 2016

Dear All,

Thank you so much for your feedbacks will think and decide.

Hiren Gohel   12 August 2016

Augustine, agar Lawyer hi harami ho aur apne client ke sath illicit relationship rakhta ho to aise case me aap kya karenge? I know one Lawyer, who is having illicit relationship with his client. That lady has approached him to fight for her family issues with her husband. But rather than helping her, that b*st*rd used the emotions of that lady and started relationship with her. They've physical relationship with eachother. The lady's husband has got the hint of thier relationship, but he can't do anything because that b*st*rd Lawyer will use all his powers to prove all charges and allegation wrong against him,in the court. What to do in this case? The husband is my colleague. And he is very depressed now.

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