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Ranjan   03 September 2015

Mental torture

Hi team, Me and my family are getting mentaly tortured by my wife's family even she doesn't live with me nor my family. Below is the details problem: I’m from Bihar and I got married 7 months back. Within one week after marriage my wife went to parent’s house because of work stating that she didn’t have more leaves. After this she started blaming my family in very ill-mannered and want me to leave my family although she doesn’t live my family. Also second night of marriage she told me that she had a relationship with a guy (Hitesh Shay) ex colleague. In April’15 my grandmother passed away so for 5 days she came with her father and went with him. After reaching Kolkata again continuously calling me in very ill-mannered and abusing my family. After sometimes my mother-in-law started to call me that why I slept(s*x) with her daughter and if I slept with her then why I am not agreeing with her and leave my parents. After sometimes it becomes habit that they called me abused me and my family. Due to his ruthless talk and mental torture, I had even tried for suicide at my Bangalore rented house but saved by my friend. No police complaint made so far. But it is very clear to us now that 1) She did not come to live with me out of love. She came to me with her parents ‘for a week. 2) She still in contact with her ex love. 3) We suspect he is impotent as no man could ditch a good girl within one week of marriage. 4) I knew that her entire family are mad at money and would do anything for money. 5) Also she harassed me many a times verbally through call, in front of my friends and mentally during the 7 months period. With the above circumstances and 7 months passed after marriage, please guide me with your expert advices for the following. 1) I want divorce from her at the earliest. And if I send divorce notice than what would be action need to be taken from her. 2) With the above condition, on what basis can I apply for divorce? 3) Can I book her under 498A now (after 7 months) and how can I prove that she is ill-mannered because I have no proof apart from her SMS. 4) Also can I file a case for mental torture and spoiling my life? 5) My requirement is divorce at the earliest. Please help me to come out of this and seek a new life. I will provide all necessary details if needed… Looking for your assistence. Regards, Ranjan Mishra


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 7 Replies

saravanan s (legal advisor)     03 September 2015

if you have enough proofs for adultery being committed by her after marriage and also proofs for the cruelty she is subjecting you all then you can file a contested divorce case on grounds of adultery and cruelty.if you can prover the ground of adultery then she wont be entitled for maintenance also.

you cant file 498a on your wife.only a woman can file 498a on her husband and his relatives

1 Like

Ranjan   03 September 2015

Hi Saravanan, Thank you In subject of proof i have only her SMSs which all sent by her that is full of abusing and ill-mannered. is that enough??

Born Fighter (xxx)     03 September 2015

SMS/ Call recordings / whtsapp chats/ photographs/ your firends as witness all are crucial evidences. 

Gather proof on adultery to control her and make her compromize for a divorce.

You can expect DV/498a so be prepared to face them. Get in touch with a local lawyer. Best is go for MCD than going for litigation.

saravanan s (legal advisor)     03 September 2015

in addition to what mr born fighter had suggested to prove adultery

if you have recording where the wife confesses about her affair that will do.in addition to that you can produce evidence like chats emails call recordings etc which when examined will raise resonable doubt in the mind as to the nature of relationship that exists between them.

SuperHero (Manager)     03 September 2015

@Ranjan - This is all nusiance and nonsense. It will take years to prove adultery... Just file the case and relax. One day they might come up with MCD. Grab that opportunity and get MCD.

 

advocatepassy@gmail.com 971794 (Advocate)     04 September 2015

You will have a file a case for divorce and move on.  It will take time and may be during that time, both of you agree to mediation or mutually agreed divorce.  You vp can marry in hurry but you will have to undergo lot of pain as divorces are not that fast in India

advocatepassy@gmail.com 971794 (Advocate)     04 September 2015

And you cannot file case under 498A  as that is exclusively for women


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