Please help

chek ur pm frnd.

Originally posted by : diya
	Hi, I am married and I am not living with my husband for the last 2 months because of the mental and physical torture i underwent. I left home as I was not able to adjust at a point. Now I need to get a divorce from him.   But i have no proofs for the physical torture he did. if you do not have any proof of physical torture, then you cannot get divorce on that basis. But i have little proof for the mental torture he gave. Initially he asked divorce and I was not able to sign it in the short span of time they gave me(half an hour) because I didnt had a chance to discuss it with any lawyer. But later when we discussed and thought of signing, he is saying that he is not willing to give divorce. Now he is creating problems by talking bad about me to my friends and also by shouting at me in every possible chance (when am on the way to office). I am fed up and I dont want to live with him anymore. Please suggest what are the steps that are to be taken to apply for divorce and please advise on what should be done to speed up the process in case he is not willing o give divorce.   Apply for divorce base on mental cruelty.   Thanks in advance

Contested divorce, as your lovely husband is not ready to give you divorce, it will take 6-7 years for getting divorce.

another option is going for MCD [within 6 months you get divorce], but as your lovely husband is not willing to give divorce, that wont work.  If you were a male, then I would have suggestged, pay your wife lumpsum money and take MCD, but here you are female, wife asking for divorce.  Just try telling him,I will pay you lumpsum money and you leave me please and give me MCD.  Hope that it works.

Dear Author,

As a lady you could easily get divorce by following certain things:

1. Get apart from him cause of mental trauma by him(fille sec-10 for judicial seperation)

2. Let complete 1 yr. of judicial seperation of 1 year without contacting each other.

3. Fille a fresh divorce petition stating a mental cruelity done by husband.(attach judicial seperation results)

4. Meanwhile if the husband doesnt turn around make him ex partee.

5.If he turn around for dates and counselling have a clear words with him that due to earleir mental torture nw it is nt possible to cohabbit with you at any cost.(No power on this earth can make a couple to cohabbit without consent of each other even supreme court).

6.If he is exhausted ask for MCD by lesser amount of maintainance or no maintainance depends on or urgency of your divorce(just allure him without any proof of recording as he may do).

7.Be clear on the mental torture by him as tell him that iam not filling any domestic or 498a instead of iam seeking divorce from you (it will be better for you as i dont want to continue with you or else i wld have filled ipc 498a and 406 on you.(be cautious while saying as it may be recorded)

8. Else you cld fille divorce now also on special circumstances of non consumption of marriage(for this you have to show stron proof of mental cruelity).

There are lot of ways you can make him realise 

and finally he will come to you for divorce just go through different queries of this club how a wife has maintained his husband and the husband came running to the club for relief 

if you apply for divorce the allegations what you keep on the affidavit is your husband has to prove that those allegations are base less and finally he will come to your rescue 

so do not be hesitate to meet a women organisation consellor and she will guide you what steps you have to take care 

Court appreciates the problems of the party to prove the ground of the mental cruelty for obtaining the divorce and give full opportunity to you to prove those allegations by way of affidavit.  So, file divorce petition on the ground of mental cruelty after consulting a good advocate and drafting meticulously the incidents of mental cruelty.  Before going to divorce petition, one more thing you require to do and that is to file domestic violence case and seek the order of protection (seeking the same also as interim relief) restraining him to approach you at your home, office, on the way to office or the places frequented by you or contact you on phone, sms, mms or internet.  Once you get such protection order, it will put full stop to his brazen acts against the vulnerable woman.  Any violation of protection order invites imprisonment and so he will be wary about you in future.  You can run domestic violence case and divorce case simultaneously.

check pm diya

Filing false cases like DV [4-5 years gone], 498a [5-6 years gone]  in the end if it is proved that you put false case on your husband, then you will be sent to jail if tried under prejury [lying under oath] for a good 7  years.

Filing false cases is not my aim. I just want to escape his tortures which he do in the name of husband and i just want to get rid of his rights as a husband since its bacause he has that rights, he s harassing me in public places. thats the only reason for me to ask for divorce.

Originally posted by : diya
	Filing false cases is not my aim. I just want to escape his tortures which he do in the name of husband and i just want to get rid of his rights as a husband since its bacause he has that rights, he s harassing me in public places. thats the only reason for me to ask for divorce.

Way out for you:

File divorce petition as already told. Dont file false cases, like what lawyers from your town will suggest you.  Everything has been explained.

File 125 crpc to claim alimony, your husband will have to pay, in the meanwhile the divorce proceedings will continue say, 5-6 years, he will also get tired, and will agree for divorce, what I have told you here, some lawyer will also tell to him that MCD is the best way out or else simply without any cause or reason, aimlessly you both will be roaming religiously to court halls.

But dont you think you might have hurt your husband that he has started venting out anger at you in public places?  Just a thought!

People dont get angry only if they get hurt. Some will get angry when what they expect dont happen. His dad asked my salary and jewels indirectly. He also wants my salary. Since i moved out he is not able to do anything now. He is missing that sophisticated life he lived till now. Who wil be happy with that.? Thats the reason.

I think it will be better if you both go for conselling coz i think there is still a hope in your relationship and he will cange.

But if you think it is not possible then you may file case of harassment and DVA etc or directly file case for divorce.

For complete details plz mail your details and location etc..

Good Luck

adv.kamal.grover@gmail.com