marital discord

health

sir , i m completeing my marriage days nearly 2 years .i have gone thro terrible hurts from my wife in the form of daily mental and physical hurts,insults,criticise by my wife. i decided to consult counsellor,psychiatrist and consulted 3 psychiatrists,family therapist in central institute like nimhans they have opined as severe marital discord between both of us and itsimpossible to live us together and better to separate.she is not ready to separate mutually but continuing her cruality torture, i have been betrayed by her parents too by non cooperation. she couldnot be proved as mentally ill but they gave certificate as mrital discord and its impossible to proceed our life. shall i go for divorce? what are the chances of success? can marital incompatibility can be ground for divorce? its impossible tro stay with her and her parents are torturing me and threatening me for jail etc... i m helpless and i have decided to quit her. please  guide me to proceed for divorce. thanks.

 
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Medical Value Travel

1. The best bet you can go in for in presented situation is to calmly and quitely "collect evidences of her cruelties" as well as evidences of "in laws" cruelties and then take a call to file for Divorce on cruelties grounds.
2. Filing a divorce suit without evidences of cruelties will make your case weak and inturn make them retalite with banquet of counters such as S. 498a IPC / DVA / Maint. cases then what will you do !

 
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health

thank u sir, .... i have 3 certificates issued by psychiatrist saying that there is severe marital discord and nimhans w underwent family therapy there they opined as this incopmpatibility is impossible to lead normal life. Dr mathew vergees is chief of family therapy unit at nimhans and he outrightly told why dont we separate. i have photograps,vedios of her scrtches on me ,some voice clips of her abusive words. lets see sir wht god vl do for me. please any suggestions advice me.thanks..

 
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If you come to definite conclusion that you cannot stay with her, file divorce petition under Section 13 (1)(ia).  The evidence you collected is sufficient and it depends how you prove them in court of law.  Wish you best of luck.

 
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Medical Value Travel

Yes, I do agree to advise given by Sh. Prabhakar.

Also vehimently insist Trial Court to follow recent case law from SC on "mental check-up" of wife using Lalit Kishore Vs. Meeru Sharma & Anr judgment by Hon'ble Lordship Tarun Chaterjee' a decision of 4th. August, 2009.
Rgds, 

 
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good suggestion by mr d arun kumar

 
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Family Counsellor

RD,

There is no ground for marital discord as well as imcompability under Hindu Marriage Act. This is one of the grounds where the marriage is not dissolved. I would suggest you to first go for Judicial Separation suggesting the above conditions and then go for the divorce. This would be better to get the divorce faster. Judicial separation is for such cases of marital discord and incompability. And if the court feels that the continuation of the marriage is the burden to one of the spouses, then the court can also grant divorce instead of marital separation.

 
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health

Thank u sir... lets hope god vl help me.... she is from mumbai. now we r staying in karnataka since 2 yrs. only me and my wife staying together. my parents stay in different part of karnataka.before putting divorce petition if i send notice to her and her parents , saying that i have severely undergone torture both mental and physical and give short  time period if they answer fine or i vl go for petition. they may come for compromise or they may put 498 etc.. but there is no other way sir. she is not ready for mutual her father doctor reluctant for that, i don know how they react.if she put case she has to put where she is staying with me(since 2 yrs she is in in karnataka with me) or can she go and file case in mumbai sir? i heard she cant file case in mumbai cos incidence happening in my place.she is doctor i m also doctor.. but now she is not working staying in home with daily torturing behaviour towards me.what about her maintainace and post divorce money?she can work with good salary only.she vl come and insult me in my clinic infront of patients,steal my money from purse,abuse me,torture me,though we r staying together no s*xual contact for 8 months because my emotions burntout from her criticize,mental abuse.i m staying in same house because its near to my hospital. i really dont know sir how much tollerence i had with such great torture,my health,sleep all rottened.her father knows i m innocent so playing game with me and my family,threts me to put in jail etc..god shuld help  me to proceed. in  i vl keep in touch sir thank u.

 
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health

 

Thank u sir... lets hope god vl help me.... she is from mumbai. now we r staying in karnataka since 2 yrs. only me and my wife staying together. my parents stay in different part of karnataka.before putting divorce petition if i send notice to her and her parents , saying that i have severely undergone torture both mental and physical and give short  time period if they answer fine or i vl go for petition. they may come for compromise or they may put 498 etc.. but there is no other way sir. she is not ready for mutual her father doctor reluctant for that, i don know how they react.if she put case she has to put where she is staying with me(since 2 yrs she is in in karnataka with me) or can she go and file case in mumbai sir? i heard she cant file case in mumbai cos incidence happening in my place.she is doctor i m also doctor.. but now she is not working staying in home with daily torturing behaviour towards me.what about her maintainace and post divorce money?she can work with good salary only.she vl come and insult me in my clinic infront of patients,steal my money from purse,abuse me,torture me,though we r staying together no s*xual contact for 8 months because my emotions burntout from her criticize,mental abuse.i m staying in same house because its near to my hospital. i really dont know sir how much tollerence i had with such great torture,my health,sleep all rottened.her father knows i m innocent so playing game with me and my family,threts me to put in jail etc..god shuld help  me to proceed. in  i vl keep in touch sir thank u.


 
 


 

 


 

 
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health

thank u very much for reply sir.i have certificates from counsellor and psychiatrist saying we have severe marital discord and psychitrist know that we cant stay together. we have undergone family therapy for 2 weeks but she came early to avoid her disease daignosis so nimhans they couldn daignose her problem cos it was too early to decide they said but they said things will worsen if we continue relation suggested separation orally.she has 2 more sistrs for marriage,can they file case or think about her sister?can she file from where she stays with me now in same house or can she go back to her house and file?her father is govt employee doctor,busy only earning member.will he take so much trouble to appoint lawyer and come to my place from mumbai and fight? or will he call back her daughter to mumbai and put case there to torture us? or come for compromise? how if i only inform to womens cell before her? can marital discord will favour me in law as recently law commission sent recomendation to govt make irreparable marital discord should be ground for divorce. pls reply sir. thank u.

 
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