I was married before 19 years. I have Two daughters at the age of 18 & 13. I am working in a govt. and she is also working in govt. we began life together, his salary was very low and she also lead a life of a homemaker, in order to take care of the children. I had certain responsibilities towards his parents and siblings, which he willingly performed, and she herein, had at the time been not supportive, she removed the “THALI” two times to threaten me. I herein manage the same and have tried to correct her with the help of her eldest brother and his wife many times. But, it goes vain. They even though were supporting her mistakes and wrong things. With the passage of time, their circumstances changed and my salary increased and she joined a job in Govt. with the help of my efforts only. However, we also began suffering from certain ailments. I suffers from a condition of “low sugar”, one surgery in left knee, where diagnosis “
I purchased Four pieces of property (with the intention of securing a secure future for themselves and the children) by obtaining loans from financial institutions by his salary only, and sold two of them. He pays EMIs of the said loans around Rs 12000/- per month through his salary, for them presently they are staying in that house.
about one and half year before, when he found she returning home in a very tired and exhausted condition, he stated to her that she doesn’t have to rush to catch the bus everyday and now that their financial position had been improving, she could have taken an auto and had some refreshments on the way in the wake of her tired condition. To this, she replied that it shall be much better if they separated and fixed a time frame also. I did not take the happening seriously and continued with my normal life. However, she kept following her said statement strictly and then and making many small petty issues every day
I was got fainted due to her cruelty behavior and I was not taken any food on that day night. She has mixed poison in the food and that was not consumed by me. When I asking about that cruelty she never refused or reacted on that. That day my in laws have forced my daughter to make a compliant to police and they came and enquired my wife and daughter only but not able to find anything on me so they have returned back simply with out any action. {Before some months she attempted thru table fan electrical plug socket on that time while I got the reply from her instantaneously with out any hesitation that she will poison to kill him is very easy way for her}.
I was admitted in hospital and my college mate has come and see me in hospital and asses the situation has taken the initiative for resolving the crisis he started the negotiations while I went to my native with my parents from the hospital and after his effort I finds that the situation may get resolved and return to Chennai in late night found both of my residences has put an extra lock and keep him on streets. Then after removing the extra lock I entered the house and found his both house property documents, ration card one bank pass book has found missing.
After that I contacted my friend and told the situation to him. He try to contact them but in vain on that day they went to police station making various allegations (like to remarry), including allegations of cruelty and violence. I was summoned to the said police station and a preliminary enquiry was conducted by the police. However, when I requested a copy of the FIR, they was informed that no FIR was registered only she made complaint and police get a statement from both of them and advised me that get solve your problem in Family court and allow her in one house (my home loan house) you move to another house then she will return your documents.
Thereafter she never have the intention to live with me, I agreed to file a petition for divorce by mutual consent and enetered into negotiations with her for advocate. The advocate informed me that she expect both house properties, to be transferred to her name, the remaining EMIs to be paid by me herein and all fees and other expenses of both daughters to be paid by me from other funds.
This is the condition now if I accept her conditions I will in street as a begger.
I want to know some legal clarifications please kindly help me I am un able to spend much money to proceed the leagal activities at present.
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If I contest to get divorce is it possible to get it? ( I have no evidence of her cruel activities)
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If possibile how long it will take to get divorce?
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I am ready to pay compensation but is it to my wife also (she is a govt servent now) with my daughters. How much the amount the court can decide about on the compensation?
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for calculating compensation my gross salary or net take home pay which one has considered?
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is my home loan EMI has also been considered?
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if the compensation has dicided can claim them to vacate my house and hand over to me?
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if I am interested can see my daughters she is now not allowing before and after divorce?
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if the divorce has awared can I give any financial help to my daughters in future?