need your advise , if thinking divorce as an option


Hi All,

Thanks for all lawyers for continuous support to men and women struggling in marriage well.

My story is I married in 2011 and now I have a 2years kid (male) . from the day when I married there is not even continuous one month of good life as always there was a fight between my wife and my mother, Then after so many fighting's I use to make them convenience and living together. one day midnight she started fighting with me as she asked me come walk outside while raining with kid when the kid was around 1 year, then I said its raining  and started fighting which was non-stop till mid night 2.00 A.M. then I went to office , then next day my mother stopped talking to her , then no idea what happened she beaten my mother , then my parents decided to live separately then asked me to arrange a Ist floor to be vacated, I was also in the thinking that if they live separately then I will have some peace full mind, after that my mother use to take care of kid whenever the kid cries and the same process going till now , my mother taking care of kid till after noon and I will take after coming to home from office. Now after one year my mother asked to provide the ground floor house as she cannot climb the stairs and  asked to us live in first floor house, now my wife started fighting for that also as she don't want to give ground floor to my parents. Moreover the house is in my name and paying loan emi from my salary, Even I have asked her to go and live in separate house then she told me that it will be difficult to take care of kid if we go and live separately. Now yesterday night again she started with bad words when kid was crying and my mom came and took the kid. Now she is saying that she can't come to different home and also not leave the ground floor to my parent, asking me to live nearby office if require and also told that she will never give divorce.

Financial situation:

Ours is own house which was purchased before marriage by selling the old house which was given by my grandfather to my father, I have a housing loan of RS10Lakh and getting around CTC of 5lakh per annum working in shifts, Also another shop which was in my father name given by my grandfather was sold and kept the money in their name as FD to manage their expenses.

Also my wife got the property from their parent through settlement between her and her brother. one important thing is she is not working and her education is not enough to get job.

Evidences and documents:

What are the evidences or documents that can be collected as reading many cases in this club no idea when the marriage will turn as divorce.

Need your thoughts and advises:

I am also agree that my mother also do some mistake but more over she is taking care of my kid when I am at office and even I just can't leave/ignore her. Considering all these situations please advise your thoughts as impact of going to file for Divorce, if situation goes worst and what are all the circumstances that I may face If maintenance and lump sum amount to be given and what would be the lump sum/maintenance that court may declare as I am working in Private company and the salary would not be the same until retirement.

 
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Dear sir You dont hv any ground for divorce. So dont think of it. I will suggest you and your wife needs counseling. Go toa good counselor. This will save your marriage. And i will at the same time suggest you to keep all call recordings btween u n ur wife.
 
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Hi Khush,

Thanks for your advise as I have been giving chances and educating from past 5 years. She is not stopping using bad words on my mom and making me to become more anger.

Please advise if I go for divorce what are all the implications considering my situations as advised in my pervious post.

 

 
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Bangalore

Originally posted by : TGK REDDI
Take Judicial Separation first.     Take Divorce however many years it may take and however much maintenace you may have to pay.     Time is not favourable to live with wives.    No life with wife.

Time is never favorable to live with any lady or women or girl, and lead married life.  If you want to live life with a woman, then you have to undergo everything, with hue and cry or without it silently.

 

Like you want something, you will have to undergo all it takes to get it and be with it.

@ you need to understand one thing, either you both understand, or only you understand or only she understands, quitting is not marriage, sticking together is, how many sacrifices you need to do, how many sacrifices she neeeds to do, compromises etc there is no limit fixed by law.

 

But if you cant do all this, its bettter to take mutual divorce.  Fighting marital cases is waste of time, its your life, and its in your hands, why put your hands in the hands of some judge and a dozen lawyers?  Take mutual divorce, give some aliimony to both wife and kid, court wont decide alimony in MCD< parties have to come to a common ground and arrive at a figure and tell the same to court.  Contact a lawyer locally and discuss rest of the matters, dont  go for contested divorce, it will kill you, if she does not agree for MCD< then you find some other way to lead happy life elsewhere, let her file divorce if she wants.

 
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Filing divorce is only wastage of time. You have almost final to take divorce do you think for a moment life of your children after divorce. Anyway first try to sort out problem in four walls. Make a round table family meeting of both side elders including you both. In time being gather evidence of her cruelty like recording of her fighting with you or your mother not taking care of children etc gather evidence. If meeting fail then file divorce on cruelty basis with these evidence remember she may file many false cases against you and your family when you file divorce this will make your roam in court for several years. So gather some evidence also that prove you never do any cruelty make her happy and never asked dowry . If she agree try MCD.
 
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