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Divorce procedures

(Querist) 30 December 2015 This query is : Resolved 
I and my wife live separately for 16 months after many differences between her and me and my family.her behavior was very bad and insulting with me and my family particularly my mother who is an epileptic and asthmatic.she and her family regularly insulated us for not telling about my mother illness.she also prevent me from taking care of my mother.now things are such I can not live with her and want divorce.can I file divorce under mental cruelty.thanks in advance.my name is ramesh
P. Venu (Expert) 31 December 2015
The question is whether the circumstances narrated amounts to cruelty for getting a decree of divorce.

What is her stand? If she is agreeable, the best course would be MCD if reconciliation is impossible.
Advocate. Arunagiri (Expert) 31 December 2015
Mental cruelty is a good ground for divorce.
Ramesh (Querist) 31 December 2015
Thanks very much.we tried to convince her and her family for MCD but they are not ready to listen anything.their attitude is as they want to harass us .they are neither ready for conciliation nor for MCD at the same time not filling any case against us in police station.we are unable to understand what she wants.
Adv. Yogen Kakade (Expert) 31 December 2015
Consult a local family court lawyer.. prepare your grounds and file divorce petition.
Rajendra K Goyal (Expert) 05 January 2016
Any legal step from your side would instigate her to File 498A, DV case against you and your family. Explore possibility for Mutual Consent Divorce.

Contested divorce may take 4-5 years and also cost consuming.
Ramesh (Querist) 06 January 2016
Thanks everyone.I totally agree with Goyalji.As the contested divorce is time-consuming I will wait for another year or two so that good sense prevails and she becomes ready for MCD.THANKS again all respected jury members.Sorry if asked any silly question.
Ramesh (Querist) 03 March 2016
Once again I need your help.After interference of some elders she is considering to come back to her matrimonial home.although she didn't slap any police case against me or my parents I don't trust her at present.my question is what precautions should I take to protect myself and and my parents if she is coming with the motive to implicate us in some false cases.Thanks.
Ramesh (Querist) 03 March 2016
Please help
Ramesh (Querist) 03 March 2016
Please help
Ramesh (Querist) 28 January 2017
It has been almost 2and half years we are living separately.she is not ready for mcd.Ihavecontated local lawyer for help and he suggested to file divorce case under mental cruelty and desertion.will it be right. Thanks


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