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Getting divorce from mentally cruel husband

(Querist) 08 August 2016 This query is : Resolved 
Hi I’m from Tamilnadu working in an MNC married on 2013 , I’m living with my husband and my in laws. I need some good lawyer to proceed my divorce. I will give a short description about my problem. My husband is not taking care of me at all, he is not speaking to me, he never ever hurts me physically but instead he gives me ,Big cruel mental torture like scolding with bad words, always angry face, says that I won’t take you out anywhere, broking my mobile & sim card and saying im not his wife, My in law is forcing me to make argument with my husband if I do that my husband is scolding me using bad words & making me quiet. In addition he is speaking very bad about my family hence my family members are scared to come and meet me. In the past 3 years we hardly had finger counts marital intercourse if I ask about child also he is telling I’m not giving you child. He is telling that he doesn’t love me. If that’s truth why he is not applying divorce or go for mutual divorce because he needs my money and gold enjoying the privileges. He doesn’t even allow me to go my home if i ask permission he is threating me “you can but never think to come back”. I know I’m 100% clear hand and good but he is blaming me unnecessary and degrading my status in society. I don’t know what he wants from me exactly. I gave my all gold and every month I’m giving my complete salary to him I’m not even allowed to purchase new dress to for me on my own. But he acts very good outside. I rarely spent 1000 Rs in a month for my personal expense that too even I drink a coffee I have to tell him. Recently he bought new car , he personally enjoying his life as he wishes, he had security two locks for his mobile I should not touch any of his properties like laptop ,mobile, Wi-Fi even TV remote. So I can’t able to judge him whether he have another affair or not I’m not sure about that. I feel very lonely ,I never able to smile in that home, I feel missing myself, I completely became insane, he is not allowing quit my job and sit in home because he needs money. I can’t work properly I’m just spoiling my life , I completely don’t know what to do. I can’t able to tolerate but somehow thinking of my family situation considering my younger sisters life I’m keeping quiet. Even my father is confused how to proceed and save me. I don’t have any evidence against him. I need your support in guiding me how to collect my gold and salary back from him and getting divorced from him. I completely hate him cant able to live with him anymore. Please support and guide me.


adv. rajeev ( rajoo ) (Expert) 08 August 2016
if you filed a divorce on the ground of cruelty and mental disability, burden lies on you to prove it.
Advocate Kappil Cchandna (Expert) 08 August 2016
Mam,

I would suggest to record some of his things, which will help you prove your case against him... If you think he can improve in any manner whatsoever, I can send him a legal notice to mend his ways.

Warm Regards
Kapil Chandna Advocate
9899011450
Ms.Usha Kapoor (Expert) 09 August 2016
Dear Client,

Don't commit the mistake of leaving your gainful employment for him. Once for all get rid of him for good by filing a mental cruelty and constructive desertion etc, not enjoying conjugal bliss or love ND AFFECTION ETC. IF HE AGREES FOR mutual CONSENT 'DIVORCE IT'S EVEN BETTER. within 6 MONTHS YOU FORMALLY CAN GET SEPARATED FROM EACH OTHER WITH NO HUSBAND WIFE RELATION SHIP existing AFTER DIVORCE. YOU CAN GET your ,Dowry sTREEDAHN AND MAINTENANCE IF YOUR INCOME IS LESS than him From HIM AS PER protection of women from Domestic Violence Act/ Also,launch Domestic violence Proceedings against him.
Ms.Usha Kapoor (Expert) 09 August 2016
Dear Client,

Don't commit the mistake of leaving your gainful employment for him. Once for all get rid of him for good by filing a mental cruelty and constructive desertion etc, not enjoying conjugal bliss or love ND AFFECTION ETC. IF HE AGREES FOR mutual CONSENT 'DIVORCE IT'S EVEN BETTER. within 6 MONTHS YOU FORMALLY CAN GET SEPARATED FROM EACH OTHER WITH NO HUSBAND WIFE RELATION SHIP existing AFTER DIVORCE. YOU CAN GET your ,Dowry sTREEDAHN AND MAINTENANCE IF YOUR INCOME IS LESS than himFROM HIM AS PER protection of women from Domestic Violence Act Also.l Launch Domestic violence Proceedings against him.
malipeddi jaggarao (Expert) 09 August 2016
Agreed with the advice of experts. Initially get yourself transferred from your husband's place if possible and start living independently. Then you can initiate the above process for divorce. Living with such man is difficult to bear and desertion is only solution.
Devajyoti Barman (Expert) 09 August 2016
Gor for mutual divorce if she agrees as it is most convenient and expeditious.

If that does not work then file caseu/s 498A , 406 IPC.
Alternatively file case under PWDV Act as well.
Sitting idle at home willony bolster his courage.
Rajendra K Goyal (Expert) 09 August 2016
There are still chances for amicable settlement and save the marriage. Try once for the last.

If this does not work, record all his misbehaves, do not allow him to dominate you. Refuse to pay him your pay. Ask your gold and stridhan back. Inform local police for protection. Lodge complaint for domestic violence.

Such people deserve sitting on floor for hours in the police station and learn how to maintain amicable understanding.

Proceed as advised by experts.

Once you gather courage, all would end either in your favor or in breakup but the problem would end.

Kumar Doab (Expert) 09 August 2016
You can benefit from the advise of experts.
Sudhir Kumar, Advocate (Expert) 09 August 2016
all he needs to about few hours stay in police station (with parents) for which he is giving you ample ground.


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