Vishal 10 October 2015

How to file divorce

I got married in feb 2013 and i am having son. My wife is torturing me since day one of our marrige. She is very head strong and quarrels for every silly point making it big issue and leaves to her mother place. She threatened me every now and then that she will commit sucide. While she was pregnant she threated me saying she will opt for obortion. She abused my mother and my sister came to ask why u abused my mother she abused her also. She also kept my child at her mothers place. She never allowed to have s*x with her and hardly romance her 4-5 times since marriage. Recently i went abroad and i got to know she is in touch with other person by not going to office. I don't have any hope of being happy with her she is demanding 50lakh and half of my salary to leave her. Her family is trusting her blindly no idea what they want. My health is not good and same with my mother. I want to leave my home which is on my mothers name and file for divorce Kindly suggest . What can i do if she comes and settles down at my home even though we are not interested in her? I don't want my family to be victims as they are having severe health problems?

Please help me

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3 Replies

I walk alone (Asst Manager) 10 October 2015

Sir

there are many things about anyone you get to know.

But do u prove whether your wife had an affair in ur absence?
You faced all this problems, have you disucssed these issues with her and her family members?
whatever doubts you are brining in here to discuss, you must talk out with your in-laws and wife. Considering your wife had some affair in ur absence, if you cant prove it and she becomes headstrong to prove you wrong, then you're going to have a very rough time in court.
if you really wanna move on, pls jointly file a MCD. decide upon the custody of the child. and if she is working somewhere (again you prove it with some solid documents) you dont have to give money. (but remember, usually in MCD, husband bleeds his pocket out)

All the best.

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Mukesh sharma (job ) 24 November 2015

hi sir as you say your wife torucher you and she also afair with another one can you all prove in court when you file case if you cant than you also in truble so plz make sure all you say all you have good proof than you go in court and all that maintenance if your wife working than ytou no need to give maintenance you also proof this she is working and other side you file case for divourse if she cant not live with you you file application custody of your child but before collect avidence and i suggest one thing before you do this you talk with your father in law and also your wife what they say

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 November 2015

Dear Vishal

You may file a divorce petition before family court of your area where both of you were residing lastly as per section 19 of Hindu Marriage Act-1955 based on cruelty u/s 13(1)(ia) of Hindu Marriage Act-1955 after left the house of your mother.

aprat from this your mother may also file a civil suit for injunction against you and your wife and get restrain order to enter in her house without permission of the court.

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