a) I got married in 2005.
b) Immediately, after the marriage fight started between us because of her indifferent attitude towards my parents and past affair (which she still doesn't accept) and continuous interference of her parents.
c) From 2006, my parents are not staying/ visiting us. (However, my in-laws keep on visiting us regularly till the time my wife stayed with me).
d) Year 2007 -- I became father of a boy but till now my parents has not seen the child as my wife never allowed my parents to visit us and neither she visit to my parents house.
e) On Jan '09, my in-laws came to my house and started abusing me.
f) On Jul '09, we had a big fight (physical) as she even didn't allow my mother to speak to my child (through Phone) on his birthday. My in-laws inform the local police from their place through phone (no written complain) about the fight + demand of Rs 10 Lakhs. Police came to my house at around 1 AM in the night and took me. I spent the entire night at Police station. In the morning big drama took place at PS. My FIL came to PS along with some mediators. However, after listening to the entire story -- the mediators (FIL side) and Police station blamed my FIL & wife for all the problems and ask them to address issues raised by me. No written complain was made. No police record.
g) On Sep '10 again trouble started. My in-laws came to my house. My wife gave local police a written complain that I m torturing her for dowry. The police took me to PS. Later FIL & wife came to the PS. After discussion an agreement was made between me & my wife, where we both accepted that we are not compatible and because of incompatibility & misunderstanding have decided to live separately at present and if situation becomes normal we would again live as husband & wife and till such time wife along with the child would stay with her parents. The written complaint was taken back my in-laws. No FIR - no Police record again.
h) From Sep '10, we are staying separately. (However, I am sending her money through cheque every month)
i) Since then, I have got several phone calls by my wife stating that she want to come back and she don’t have any issue in my parents staying with us, she won’t fight further etc etc. Few months back, My FIL came to me and requested me to allow her daughter and promised not to interfere or visit my house in future.
j) In all this calls/ discussions I made it clear that as we are not compatible and in the past i have gone through severe mental & physical torture which I can't forget, it is better for both of us as well as for child if we don’t stay together and apply for mutual divorce. Further, I made it clear to my FIL that they have cheated me by hiding the past life of my wife.
k) However, they are not agreeing for divorce. Nor they are filing any kind of cases (498a/DV etc). Either deep inside they know that their daughter is the reason for all the mess or intelligent enough to realize that that this would give me a chance to prove cruelty and apply for divorce.
l) I don’t want to stay together as I have realized that staying together is going to make things more complicated.
m) I want to take divorce on the basis of cruelty caused by my wife. I think I would be able to prove followings before court of laws: -
1. My parents were never allowed to stay/ visit us – Till now my parents have not seen my child.
2. Written false complain by my FIL to my HR head that I am torturing my wife.
3. Agreement that we are not compatible.
4. In school my child surname has been mentioned as my FIL/ wife surname and not my surname.
5. We are not staying together for last 1 year.
k) Would above be sufficient enough to prove cruelty and obtain divorce?
