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confusedsoul (india)     18 April 2015

How to initiate divorce - after 3 yrs marriage

Dear Sir, 

I am a male married for 3.8 yrs having a kid aged 2.6 yrs. Currently suferring from mental and physical abuse from my spouse. This started some 2 yrs back when we were abroad for some time i didnt notice her mental behaviours when i was abroad as everyday i went to work . Used to have lot of fights and abuses from her.She always used to 

1. Harm herself (This was done nearly 4 times)

2. Threaten me if i dont surrender myself in all means but still will says that she loves me.

3. abuse emotionally and physically. Finally making me to cry and she would also cry. She will keep beating/fighting with me till she gets to a conclusion. Finally will say that i have won and she has lost. Baby was just 8 months old at that time

Well she did had 2 abortions abroad - 1 via tablets and other via surgical treatment. It was a roller coaster ride weekends were full of fights , she beat me and retailated back . Though i am not strong believer of kicking females i had to do so afer lot of emotional stress.

I initially it was because of depression due to pregnancy . Now it seems she has lot of issues in her body which were unnoticed before marriage. She is blaming me and my father/mother for everything 

We came to back to india 10 months back , but for past 8 months we lived seperately. She stayed back at her mother house and myself at my father house. During this 8 months period , she tried drinking poison once at my house,  i along with my parents stopped it and called her mother to take my wife back. Later my wife/kid travelled back to my inlaws place and stayed there for 8 months. Just 2 months she came back saying she has changed that she wont do any non sensical things of drinking poison or washing liquid . Later with help of elders i asked my wife to write a letter with following agreed points.

1. I wont do any self harming

2. I wont beat my husband,   i will obey his words

3. I will allow my husband to talk and interact with his parents

4. I will visit psychiatrist and undergo his recommendations

5. Some one from my family will stay with us.

i also signed the same letter with the point saying that "I wont beat her at any cost". 

For the past 2 months we are staying alone , for the first 10 days her father stayed with us. But later he left home to look after his business . I also agreed to it as i thought that she has changed to normalcy. But now for past the 10 days she is again behaving abnormal way - fights and abuses which happened abroad.  I was under mental and physical abuse. Due to mental stress i didnt go to office for nearly 4 days . Now i am really worried if this keeps continuing - i will lose my job. I am really worried.

Well we did visited 2 psychiatrists 1 month back , when we visited the first doctor (male) - she didnt say anything. Considering the situation doctor asked us to write our thoughts in paper,  i wrote all my feelings. But she didnt write anything instead called up her parents asked what to do . I felt restless due to her behaviour then later she said she will come to a lady doctor as she couldnt express anything.Later that doctor called me and said that she might be suffering from "personality disorder". Thought i didnt believe that . 

Then later i took her to another female doctor (psychiatrist). My wife nearly spoke for 3 hours in a seperate session and i felt relived as she had expressed everything. Then after the session , doctor called me alone inside and she asked my pain points. Then finally she said she is suffering "borderline personality disorder".

When i discussed with my parents /psychiatrists they are asking me to live seperately for some time , if possible applying for divorce.  I also heard that divorce is not easy in my case as "Borderline personality disorder" cannot be considered as a reason for divorce. I also may need a medical report for that. 

I am now thinking of seperation via court. Over this 2 months she agreed that we dont have that much affecton towards each other . During night times she agrees that mutual seperation is good but in the morning she talks differently. She keeps talking in different tones. Now am really worried that she/her parents wont even allow to live peacefully by granting divorce or mutual consent based seperation.

Please kindly help me on how to proceed on this. I do have a kid but not sure wat future holds.



Learning

 5 Replies

confusedsoul (india)     18 April 2015

Hi , 

 

Can anyone provide pointers. Thanks all for the help.

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 April 2015

Sir, Seek judicial separation for quite some time and if nothing changes thereafter as well, seek divorce .... Warm Regards Kapil Chandna Adv 9899011450

confusedsoul (india)     19 April 2015

Hi Kapil  Sir, 

Thanks for your reply. Please excuse my ignorance about family laws. May i ask you what is meant by Judicial Seperation ?

It would be very helpful if you can explain the technicality ?

On what grounds or type - should this be filed ?? cruelty or mental disorder ?

Currently i have few audio mp3 recorded in my phone as a proof of her disorder - is this enough for proof ?

 

Thanks once again.

Adv. Chandrasekhar (Advocate)     20 April 2015

Do not go for judicial separation.  You do not understand the real meaning of judicial separation.  Better file divorce case on the ground of cruelty.  Once case proceeds, as sometimes she is agreeing for mutual separation, she will agree for mutual consent divorce.  do not assume what the courts think about 'personality disorder' etc.  Leave it to the court.  Once you file divorce case and if  she files some cases, like maintenance, DV cases etc. face them unflinchingly.

Born Fighter (xxx)     21 April 2015

in my opinion based on my study on Borderline Personality Disorder,
  1. Borderline PD is  not curable  ,The one suffering does not accept they have this problem and do not go for regular counselling/ treatment which is a must............. this is worst kind of personality disorder , nearly 90% of marriages break when one or both spouses have it. A lot of stuff available on internet. There are various strategies suggested by Psychologists on how to divorce a BPD spouse (Pls read)
  2. Bro, you need to patiently withdraw from this situation, don't be in a haste in filing divorce right now. Remember she will make your life hell if you dump her, you know it better. So her counter attack will be really nasty with doses of DV,498A
  3. So gather evidences of her mental condition, since you both are still together ....go for Personality  test  (MCMI -MILLION CLINICAL MULTIAXIAL INVENTORY ), once you have this test done it can help you put your case strongly in the court, as this test will certify her condition.
  4. Take her family in confidence and go for MCD , please be ready for alimony / one time settlement to get away from this trouble

Fighting legal battle will be waste of time and money taking into consideration the biased women laws as court will try its best for you to accept her the way she is.


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