Please guide me

dear sandhya you somehow convince your husband for mcd and thats the best way than filing a contested divorce on some grounds.if you file contested divorce on your husband then the burden of prooving the allegations lies on you and another thing it might drag more than three to four years easily

I absolutely agree with my friend Sh. Saravanan.  The best thing is to get MCD by convincing husband and the matter would come to an end within 7 to 8 months by making both of you free with divorce decree and without washing  dirty linen in public.  But life is not so much easy.  If he refuses for MCD, then you  file contested divorce case on the ground of mental cruelty (if he has never physically abused, but if he physically abused then without bothering about problems arise about evidence to prove physical abuse, also add physical cruelty) and get it served.  If wife receives jibes, jeers and heckles for not in a position to bear a child, it is definitely amounts to mental cruelty and you will certainly get divorce.  So, if you can shackle the belief of your tradition loving parents and you want to live the life of your own, then go ahead.  Important it is for you to know that his acts also amount to domestic violence and whether you want to file such case or not depends entirely on you, because in some cases, such cases will quicken the process of divorce case. 

Prabhakar - Advocate

(M)9958670740.

Legal Aid panelist - Family Law - Central Delhi (Tis Hazari)

Originally posted by : sandhya
	Dear Sir, I have been married for last five years .But becuase of health issues i cont have child.I did all kinds of medications but my husband and his family always been a big harassment mentally not phycically .Becuase of my family i have been most patience all these days but recently for last six months my husband has been harassing me to the cor for more medical things for children and he has been insulting me all the time .He never been a good husband in any way from starting .So i informed him i cont live life with him anymore and asked him for process for divorce and we are not staying togather for last 6 months till date he did not process for the same when i informed my traditional thinking parents they tell me i should not take any iniatives for divoirce it should come from him they tell.But he is enjoying his life but i want to come out of this relationship to have great peace and start my better career plans for my life as im a senior banking professional.Bercuase of my traditional parents and the person who never been a proper husband im really stuck in my personal and professional life.I seriously want to come out of his relationship legally.Please guide me .I dont have have any proofs of there harassment as they are not physical .But mental harassment to the cor.Becuase of this im really unable to concentrate on my profession and personal life as well.   Please help me to come out of this soon.   Thank you.   Your sincerely, Sandhya

Hi,

What are you suffering from? PCOD, PCOS? ovulatory problems?  Lady, your problem is medical rather than legal, You talk to me on PM, I will suggest couple of doctors I know regarding your inablity to concieve problems.  I am sure it will help as it has helped many women.

Sandhya... 

As per your query, you seem to have completely lost love and trust on your husband.

You also do not want to save this marriage.

But time may heal things and give wisdom to your husband.

Your "traditional thinking" parents are perfectly right that the divorce should be initiated by your husband.

This will avoid lot of legal hassles for you.

So, you can stay away from your husband and concentrate on your professional life.

Or if you cannot wait anymore but want to break your marriage for sure, then only you can file divorce petition based on mental cruelty.

Once a divorce case is filed, there is no looking back.

If your husband is harassing you for "the delay in having a child", then he might come forward for MCD.

You need to give him time to get that wisdom.

If your husband does not fight your divorce case, you will also get divorce by ex-parte.

In anycase, it is going to take from 2 to 5 years of roaming in the so called "family courts".

Till then, you should concentrate on your profession and take care of your health.

Hi Sandhya... Prabhakar, being an advocate, has hinted you about a legal option called DV and filing "false physical abuse charges", just to speed up the divorce process.

Even after you said that "I dont have have any proofs of their harassment as they are not physical .But mental harassment to the core", I wish Prabhakar should not have suggested these ugly legal options that harms both the parties but definitely helps an advocate earn very good money.

Please do not go for DV or any "fake physical abuse charges" as it will harm your husband so much that he will consider you as his life time enemy.

He may try to give you problems. 

DV case is a double edged sword.

Also, if you try to go for a second marriage, your "past DV hsitory" will frighten men and your chances of getting a good new life partner will become a big problem.

No men will marry a women with "past DV history".

So, please go for MCD or contested divorce case based on merits.

This way, even if something changes for good on your husband side, you may be able to reunite, shower love and trust and have children and lead a happy life.

All the best for your peaceful future.

Divorce is not at all a final remedy It is a non issue proablem ask your husband also to test his sperm for count and motility first then seek medical help

@Sandhya - You are a banking professional - so no maintenance. I am not sure about Alimony.

You are staying separate for 6 months.

Divorce is a Paper Legal document that says you are not a Husband and Wife anymore.

The Problem is with you, You are always thinking about the Past how they mentally harrased you.

Say for E.g you got divorce, then what you are going to do??

You will continue working in a Bank. You may stay with your Parents or Yourself.

Thinking of the Past that your In Laws and Husband has harrassed you mentally.

Or You want to marry again. 

Again all this process goes through mind. Nothing much will change.

Your have mentioned your Husband is enjoying his life. How is he enjoying his life?

Check with few other doctors or I would suggest adopt a child if you can't conceive.

Wish You Good Luck.