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Rajyawardhan (None)     19 October 2011

Disability

Hello to all... I am working in a software company and have been married for 5 years now. I met with an accident in March after which I got physically disabled and now have artificial feet to support me. My wife’s attitude towards me underwent a sea change after my disability and she started quarreling with and abusing me for no reason. She would frequently make fun of my disability in private and even in front of my family members. My patience finally caved in when during one of the social gatherings a month back she jeered at my disability. Incensed at her outrageous conduct, I asked her for a divorce. She deserted my house that day and has since been living along with her parents and has told me that she would never divorce me and would rather make me do rounds of the court all my life. I want to get a divorce from her. Therefore, I wish to ask if it is possible to obtain a divorce from court if the wife is frequently and publicly making fun of husband’s physical disability. And also if I can argue my own case instead of engaging a lawyer.


Learning

 6 Replies

Manav Kalia (Arguing my own cases..)     19 October 2011

Very much possible to argue your own case as I am also arguing my own divorce case. I am also disabled as I had a brain stroke three years back, and have a speech impairment and my right hand has only ten percent functionality. Get in touch with me as your situation is similar to mine..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear Rajyawardan

yes the conduct of your wife comes under Cruality and you can file an divorce petition on this ground. no need to hire any lawyer if you think that you are capble to represent yourself before the hon'ble court.

feel free to call me

Rajyawardhan (None)     19 October 2011

@Mirage & Nadeem

Thank you very much for promptly replying. Mr.Nadeem, Are there any citations of the Supreme Court or the High Court where divorce was granted in a similar couse to a spouse? If there are then please let me know. They would be very helpful to me considering that I am going to argue my own case.

Manav Kalia (Arguing my own cases..)     19 October 2011

Most of HMA divorces filed by men are on basis of cruelty. Since woman is weaker s*x, most of it is mental cruelty. In your case since wife has separated from you, after your accident you have additional ground for cruelty. Also don't file on desertion since wife might say that she wants to come back as in my case. Also in arguing your own case, be careful of all the legal procedures as non lawyers are not aware of them and opposition lawyers try to trap on procedural issues. All the best..

(Guest)

As per my understanding of your words, Both of you are egoistic nothing else is wrong.

Better you more know about real case story.

If she doesn't ants to divorce you, Then it means she wants to live with you.

But you need divorce only due to any issues known to you only.

So irrespect of thinking of divorce, try to save your married life first.

See marriage is a combination of several compromises in which both have to react in a wise manner.

Rest your decision & your life too.

But still advice, Later to feel your mistakes. Try to resolve at earlier stage.

Best of Luck.

 

Regards,

Abhinatre Gupt.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Rajyawardhan,

 

First draft the pleadings, new grounds are always added under the head of cruelty.

 

Search www.indiankanoon.org for judgements meeting your requirements.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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