Want divorce
Querist :
Anonymous
(Querist) 26 November 2011
This query is : Resolved
Dear All,
Please advise me. I got married in 2006 .I live at Delhi and girl is from Lucknow.This was through newspaper . We did not know the girl & her family and unfortunately did not do any enquiry etc before wedding . Immediately after wedding we noticed that my wife is having some mental disorder (could make out from her abnormal behavior ) .
Apart from this at the time of wedding she was having TB and was getting treatment for the same but her family members hide this from us . They also lied about the education and age of the girl .
I and my family tried to just let go TB and other lies but we could not take her abnormal behavior and we called her brother and bhabhi to discuss the matter with them . They rather feeling sorry for the concealment of facts agued and misbehaved .They refused that girl has any mental disorders . My wife was sent to her parents’ house with them and it was decided that all her medical tests would be done a fresh and she will return back with past and latest medical reports . It was just 1 month of marriage .
They sent the past TB report by courier but refused to send the latest MRI etc .After 15 days they sent SMS that she is pregnant and is on bed rest .We wanted them to send her back so that we can take care of her and would decide about her pregnancy with this TB .They did not sent her back saying that bed rest is on. In these 9 months her brother and bhabhi made 2 visits and they always misbehaved with us. In between my mother got seriously ill but they were not even bothered to ask about her health .They created no room where we can think of patch up .Finally she gave birth to a girl child in Lucknow .
Since then she is at her brother’s place. In between we tried to talk but somehow I am not convinced about the mental status of the girl .In all the 3-4 meetings we had in last 5 years with girl ‘s brother/sister they just tried to send her back without acknowledging their mistakes and without any assurance on the girl’s mental disorder. They says she is all okay . And in all these 5 years relations have become very bitter.
I cannot live with that girl . Its almost going to 6 years that we are married and living separately in different cities . Recently I called her brothers to Delhi to talk about mutual divorce but they fought and went away with a note that divorce le saktey ho to lay ke dikhaoo.
I am in total frustration and just want divorce . I have given 10000 times thought to the idea of living with this girl , even thinking about the kid jiska ismai koi fault nahi hai but I cannot live with her . I will die .Even the idea to call her gives me severe depression I know I cannot prove that she is mentally ill but I want divorce .
Pls guide me. If I put divorce case where it would be fought .I live in Delhi …girl live in Lucknow and our wedding happened in Delhi . My mother is very old and she is very very ill and recently we lost our only younger brother so there is no one in my family to take care of my mother .Can on these grounds the case could be done in Delhi.
What you suggest me on divorce .In how much time I can get it .I am already 46 years old and I simply want to get rid of this unwanted relation . I know I have a kid also but I have no other way to deal with this situation.
Pls suggest. Thanks for your time.
Regards
adv. rajeev ( rajoo )
(Expert) 26 November 2011
Jurisdiction to file a divorce petition is where the marriage soleminized or where both the husband and wife resided last together.
Devajyoti Barman
(Expert) 26 November 2011
Yes you have to file asuit for divorce on the ground of cruelty and incurable disease which were kept secret from you.
The time for disposal depends upon cout to court and state to state.
prabhakar singh
(Expert) 27 November 2011
Yes! you do need to engage a lawyer for your cause.
V R SHROFF
(Expert) 27 November 2011
U can file Divorce Petition in Delhi.
If she object, she have to come to Delhi, and Supreme Court can transfer the case to Lucknow where she is residing!
Jurisdiction for Divorce matter is 1]where marriage was solemnized, Or 2]Where She reside at the time of presenting Petition for Divorce.[Section 19 H.M Act, 1955]
U married at your age of 40, thru news paper, and continue relations for 6 years+ with kid,.
Those ground will not support u as u ratify, consumed relationship thereafter, and kept mum for 6 yrs.
However, We can solve your problem, tactfully, Talk or chat on 2 dec ,for further guidance.
Shonee Kapoor
(Expert) 28 November 2011
Though Delhi courts have the jurisdiction to entertain the petition for divorce, but if the girl wants she can get it transferred to Lucknow.
No time frame can be given for contested divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 27 November 2011
