Can i file against a court for giving my wife a divorce

I am sorry, but what should i do for the future of the 3.5 years old girl child? I cant live with my wife anymore even a single day, she has severe mental problems, I bring her to a psychologist and he asked her to take treatement. she didnt even swallo a single tablet and refucing to go for treatement. Even her parents know this and she didnt obey anyone of.

Now I am in my hometown and not living with my wife, I asked her to give that child to me, but she never agree that, even her parents supports me.  She doesnt need any financial help from me too as she is rich. She needs a man just for s*x and tried to use me as a Driver, she has 3 cars and didnt know driving. but i am not that kind of person. But as per humanity I am not interested in divorce as her mother and father even fell down on my legs not to do so. Her first husband also left her and no one has contact with him, but we can find him out through court. Even if I file a case for divorce she wont come to court too.

Dear Mr Robert Steve,

Please don't make any assumption like she will not come to the court etc. Psychotic wife will never take medicines under your supervision ... that too when both of you are married for last 6 months only !!! Her parents know everything .... but once they have been able to again marry her off, they will make all pretensions but with turn of events you will see their other faces!!! 

If you can't treat her .... there is no chance of improvement!!  More you drag .. worse it will be. Either make all out efforts to treat her or get away from her!!! Being psychotic, if she does some unwarranted things, you will be in bigger soup!!!

You are right Mr. Sunil, I have tried my level best to treat her, but the problem is her family members are not ready to help me in this, they feel ashame to even bring her daughter to mental hospital. But they dont want me to leave also. She has some kind of pipolar disorder, sometimes she behaves very cruelly, throwing objects on me, abusing me, forcing me during s*x and sometimes she behaves like an angel, calls me as god and workshipping me like anything. But everyone in her family forcing me to bring her to hospital as I married her by mistake, She even tried to suicide 4 times for no reason. I love her daughter more than anyone else, but she has some postpartum depression too and hence dont like anyone to love her daughter more than her. Thats why I left her and now staying with my parents. Yes, there parents know that she had severe problems but hided everything before our marriage. thats why her first husband too left her, but with a child. I too had s*x in the beginning but not after two months as she hurts me a lot.

Mr Steve, 

If you try to leave her, get prepared to face some false allegations like 498a, DV Act etc!!! You are trying to tell her mad (in a sophisticated way as psychotic, BMD etc), she and all her family members will be up in arms!! Don't get disheartened!!! Ihf you can absorb the hassels for 7-30 days (which you must consider as a price for your mistakes of marrying her), things will gradually fall in place in due course of time!! In between, hold you affection for her daughter for sometime!! You can show it  any way as an outside also afterwards. My suggestion is - Treat her or get rid of her!!! For either of the two ... sooner the better!!     

No friend, I cant treat her anymore. Bcause she is not obeying or respecting me too. So better I can get rid of her. But I am just worrying about her kid. Trust me or not the kid learned all bad things from her mother already, no one believes here that if I said a 3 years old kid try to masturbate by learning from her mother (I am sorry).

Regarding 498a, I only have to file a case against her as i only paid her dowry. Her father gifted me 40lack house, but I refuced her. I only gifted her 2 lack gold and 1 lack money for dress. So I have no fear about DV.  And our marriage is a registered marriage and held in a hotel in her place. My question is can I apply for divorce before 1 year passed? And Can I apply for divorce in my native place?

My freind,

498a and / or DV are not based on actuals (factuals), it is based on allegations!!!

Anyway, you can file the case in a court / family court where you last resided or where your marriage was solemnised!! 

Generally before 1 year you can't file for divorce  though you may file for annulment, judicial separation!! Ur lawyer will suggest. In between, please try to collect evidences (medical reports, certificates etc.). If they contest, it will be required. If you have made up your mind to get rid her, go to a good lawyer immediately. 

@ Author,


1. File for custody (as it can be unilateral petition directly admitted in a Family Court run under FCA, 1984 and does not need any other Civil Family Law read with CPC support to get admitted) only if your mind is clear of allegations - counter allegations for a child by a adoptive father and has healthy female back home to look after a female child.


OR

2. Wait for 1 year completion of marriage and file for divorce only minus child custody as what bald allegations you are leveling for a 3 years old poor child is not approvable in Court and you will sound like a fool to have even imagined that to get custody.


2.1. Forget acting like the only chivalrous Samaritan alive in this tiny planet.


Rest facts in your brief are of not much interest to me to comment upon.  

I already have all medical reports and her letters written before suicide attempts.

Will Mobile phone messages helps? I have hell a lot of her messages as we used to communicate through messages only.

And I have one more question? Will she apply for future maintenance if I divorce her? Is there any rule in india to pay for her daughters expenses if I divorce her?

"Apply in a family court where you last resided"

What's the defenition of Last resided? Will it apply if we resided last in my city for one month before we seperate? We came to my house on May 8, 2012 and left my house on May 22, 2010. thats the last time we met and spoke. After that we are living seperately. But our marriage was conducted in December 2012 at her city and I lived in her city with her for 5 months.
 

So friends, do i have rights to apply in my city? Will it works? If yes, I can happily apply tomorrow itself, but I am worried to go back to her town for divorce.

It will be very difficult for you to get the custody of child as she is not your daughter

Now I am thinking to get rid of her legally. Do I need to live seperately for One year to file MCD? Or can I file one after the marriage date too?