Divorce seeking on contest
puttarazzz
(Querist) 26 May 2016
This query is : Resolved
Dear Experts,
Required divorce on contest basis, since my wife is not agree to mutual.
Can I apply directly for divorce on below mention ground, please advice .
Married on 12.06.2005,
Living separately from May 2013 to till date (From May 2013 to Feb 2014 lived separately in the same roof, but in different rooms, from Feb 2014 to till date living separately)
Have two children
There is no cooperation between us and there is no understanding.
She suspect on me for each and every movement, always take all things in negative way,and keeping in that her mind tortured me almost the years. There was no peace of mind at home when I was in matrimonial home.
She use to go anywhere without my consent, She left the home without my consent and during my absence. She did so on her own without any justifiable cause.
Not looking after needs of husband as wife's duty.
There are several meetings, negotiations and advice to her, effort was made by the my
parents, her parents and other relatives to settle our dispute. But there was no use.
She was changed the main gate lock after I separated from the family, even though all my belongs in that house.
She was not allowed my dress to take from the home
She was assaulted me when I want to take my dress
She was taken my hardly earned money 5 lacs from my parents, which was given to matrimonial home security deposit and got deposited to daughter name
She was abused and told several times going to kill me.
She created the gap between son and father and restricted to speak to me.
I did not torture her nor did I ever misbehave with her for any Reasons.
I am ready to take childs in my custody, for which she is not ready,
In final meeting with her. Her parents, my parents and relatives, she was agreed to finalized compensation amount, for which I requested her to give me legal documents, but she was not agree for legal separation.
I have evidence to prove since my brother in law was at our home and there are evidence whenever the meeting in my natives.
Sincere request to you all expert advise me on the above ground can I file a divorce petition through expert advocate.
Thanking you.
SAINATH DEVALLA
(Expert) 26 May 2016
After going through the entire lengthy query,and if all the contents are true,then I presume there is no chance for a patch up as U have mentioned even mediation from both the sides has failed to change her.
I once again mention the word"IF THE CONTENTS ARE TRUE" then the best option for both of U is to go for MCD,which will not take much time.
But remember one thing,the irresponsible acts of the parents will certainly have an adverse impact on the lives and future of the children born out of the wedlock.
Hence after thoroughly weighing all the avenues from both the sides if there is no chance of a reunion go for MCD.
U will file for divorce,she may file 498A,DV and even DP cases against U and UR family,so act with wisdom and resolve.
Rajendra K Goyal
(Expert) 26 May 2016
Expert SAINATH DEVALLA has rightly opined that if you file divorce she would file cases of domestic violence etc. against you. Contested divorce may take years.
Take help of relatives of both sides to explore scope for Mutual consent divorce.
