How i can get divorce?? please help

@ Author,

1. The suitable ground available to you is under mental cruelties. Factual narration of them in suit matter supported by witness and evidences may lead to grant of divorce eventually in your favor.

1.1. Impotence the wordings used in your brief are not the same as incapable to conceive or impregnate – unable to consummate. The brief shows s*xual intercourse happens / happened / happening between parties to this brief. In a 9 years old marriage Husband's infertility now is no ground for divorce. Alleged to be facts that fraud - consent was taken knowing by him - his sid eof family that he is known to be suffering with infertility cannot be taken at such belated stage. There are also other conditions which are missing in this brief to suggest these grounds or allegations for you.    

2.  The FDs' are now become Benami and subject to contest in Civil Court of Law based on leading best evidences by respective parties.

3. Last year there was a very interesting case reversed by Mumbai HC and your brief’s initial thoughts if activated based on ‘impotency of husband’ then a smart advocate can get it reversed. However the news item favors a wife but since HMA The Act is gender neutral so same can be reversed for a husband favor too.

News link:
https://articles.timesofindia.indiatimes.com/2012-07-24/mumbai/32826874_1_impotency-high-court-hindu-marriage-act

Ideal way out:-
Discuss - sit across table with husband and amicably find a solution to part company without facing longer time in Courts OR set-up meetings of parties with a mature common person known to both as mediator for parties disputes and let him work out parting terms and thus part company via MCD route which is faster remedy.

Please note: I don't want any money from him. I want to get it via MCD but he is not ready to give me divorce in any case.

I wanted to have baby either our own or adopted but there is stickly "No" from his side.

1.In this case what I should I do? 

2.How I can save this FD for my future Expenses as I won't claim his money.

You are saying that you don't want any money from him yet you are insisting a few lines later (and before) that you are interested in the FD.

I cannot believe that any wife these days would say.. " I don't want any money from my husband, I just want to leave because marriage is not working..."

If that is true, GOD BLESS YOU. It will then be very easy to get divorce based upon the facts stated by you, assuming that they are true.

1.    Noted what you wanted me to note! However it does not work in the way you wanted me to believe in your second brief for a fact your entire first sentence is contradictory to your overall stand as in para 2 sentence.

2.    Second ideal advice:- Hire an advocate found via local reference and seek ‘separation decree’ from him. The separation decree will give you space to re-think if you like to continue to live in an environments where alleged to be mental cruelties are perpetuated upon you?

3.    For baby unless alleged to be his infertility is treated there is no question a baby may come out. For adoption law is clear and says; in a subsisting marriage ‘consent’ of husband is necessary to adopt by a wife. In other words Marriage laws are still not that rosy and still needs more Amendments; what you say?

4.    For saving the FDs’, I already said earlier a claim in Civil Court is made and please don’t use contradictory statements again as in opening sentence you say and I quote you” I want to get his money from MCD” and in your last para 2 you say and I quote you “How to save FD for future expenses and simultaneously say I won’t claim his money’ Lady via MCD what you are claiming then! Offocurse it is nobody’s case that I should question you as I understand your situation.

I am very sorry that there is a mistake or misunderstanding....

"I want to get it Via MCD"

Here "it " means Divorce not money.

 As my husband won't give me divorce via MCD so  I have to hire and pay money to lawyer. That is the only reason behind saving the FD as I earned it.

1.    Explanation was already well taken and still appreciate clarifying them.

2.    In Family acrimony Rights are exerted and not taken for granted. That is where adversial Family Law Sections come in picture.

3.    Then in such events consult with a local advocate and file case for FD release first.  

4.    If not able to bear legal expenses then avail State Legal aid Authorities services which are available in every District now-a-days for aiding poor and weaker sections of the society. For availing such free legal aid approach District Court enquiry counter / may ask them via phone too via Google search and ask for address / location of such Authorities. Approach them in person which is a free legal consultation matter. On many occasions upon hearing weaker s*x’s brief they call husband – his side to mediate without matter leading to Court and matters gets sorted out via alternate disputes resolutions (ADR). You have to try locally all these advices.
[Last reply]

@Samir N

I have been facing  tons of mental stress all these year just to save my marriage.

When I wasn't able to face, I just left everything was alone for 1yr .That time also I did nothing against my husband or his relatives though many people suggest to file 498 .

But now all I know is no one can save us now. So I want to get out off it now finally.

I went through a series of harassing petitions by my wife so I think that every woman is like her -:)

I think that it is very easy to get divorce if woman wants it and is not too greedy about money. Make demands, but be reasonable.  Do a search on Internet on divorce, "Family Court" impotence, etc. You should get a lot of citations. Read them. You will get some idea. Then, do hire an advocate. Family Courts usually have specialized advocates who practice only there and who have filed divorce petitions umpteen times. They will help you. They do not cost a lot. Keep yourself mentally cool. The storm will pass away.

BUT please do not file unnecessary petitions to harass your husband or his family. Get divorce then try to find a good husband and settle down.  Sorry, for giving you advise that is beyond legal... And I hope that you are not using your real name here.