Dear Looking for peace,
I m not a lawyer, But my personal experience.... First of all dont cry... Sou Sunar ki aur EK Lohar Ki.... Keep Moving Forword.....
As u said ( I don’t want divorce...I want to set myself free ....I really don’t want to marry again...I want to live for my parents and my future....) its very good ... Can i ask you ?... if you both do that then... ?
U do not mention your marriage period as per ur previous post or same post u mention in Sept 2014 assuming ur get marriage Sept 2013, Means only 3-4 months.
Don’t pretend as ur going to divorce her, Just find her cruelty, Like Video recording Her behavior, Voice Recording Her Phones, Communication with Her Family, Friends or others make ur ground clear…..
As u said u r living separately, not with ur family, Don’t react on her any action like any domestic violence, keep calm, wait and watch. If she abuse u please record all but u don’t abuse her. One more & important thing Consult any psychiatrics for psychometric testing take all report and keep in ur locker. If there any treatment plsss carry this treatment. Try to go for meditation do some yoga.. so u can control ur anger…. U know The Anger means D anger (Danger)
Side by side give her more time… don’t see her cruelty only… See some good things in her… Give her freedom to do thing which she likes.. but keep in ur knowledge… If u give her freedom but obvious she give u also… Whatever she done please appreciate her… may be ur love will be change her… and she also give u respect… Respect is increase by given and taken. Just give time to her so she also give u what u want. Means "peace of mind." If she wants to go her parents house… send her but please make a note about how many days she staying there… Record ur phone call conversation when you both are apart. I give u list of cruelty.. Make fit u in this… and go for divorce u have much time till September 2014….. If she change so u safe with ur freedom… and if she will not change also u safe with ur freedom cause clear Divorce ground with u….
My self also same situation but I done more mistake than u… Here in India Law always with girl (women), if she said any thing wrong against u… u and ur family goes behind bar… Remember always…. Play safe… And stay safe…. May be its help u.....
The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.
Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.
Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.
Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.
Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
The following are the grounds for divorce in India on which a petition can be filed only by the wife.
* If the husband has indulged in rape, bestiality and sodomy.
* If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
* A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
* If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.
Good Luck and Best of Luck..... (GL & BOL)