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Pramod Bhaskar (na)     23 June 2012

Need divorce, mental torture

Hello,

I have been married for the last five years. It was a love marriage but soon after the marriage, my wife started having issues with my mother. I then told my wife that we will lead a separate life and we moved out of the house. I took a rented house and provided her with all the facilities in life. She always wanted to lead a lavish life and wanted me to spend money on a lot of things like clothes, restaurant and make up things.

Since I loved her, i used to provide her everything, later we planned to buy a flat and i took a loan and got a flat in her name. her lavish demands were too much and she used to nag me every day to buy her somethings and always picking up fights that i was not taking care of her etc..

I work in a software firm and used to earn 50 K per month. I have to pay a EMI of 25K towards the EMI of the flat. very recently she started doubting me and started using harsh words that I have affairs and other things. The torture was so much that she even commited suicide attempts and said that she will keep scaring me wth such things, if i dont fulfill her expenses and take care of her.

I got so scared and i told my parents and they have asked me to move out of the house. I now stay in a PG and want to file a divorce. I got to know from my friends who are also friends of my wife that she will not leave me and will fight for the case and she will ask for a huge maintenance.

because of this mental tension, i quit my job also as i could not concentrate.

Please advise what to do.

How to fiile the case and what is this maintainence to be paid. I have given her money all these years. I cannot give anymore

Please help



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 June 2012

You can file for divorce on the ground of mental cruelty but before that can you try to talk to her parents about her behaviour and try to find out some solution for the same?  If her economic needs are byond your reach, can't she work and add to the income? Are her parents supporting her or they do know anything about this? can they give her some understanding to mend her ways? See if things can be sorted out within the family amicably, but if there is no chance then, file for divorce but if she decides to fight it will take long before getting decree also you will have to pay her alimony.

Pramod Bhaskar (na)     23 June 2012

Hello Archana Mam,

She does not have a dad, I spoke to her mother and she said you both was a love marriage, you have to settle this between yourself. My mother advised her many times but she pretends to listen to her and after two three days she is back to her behaviour of nagging and picking up fights.  She does not want to work, she says she is not interested in working.

I am very depressed about this entire thing and want to end this, I cannot take this anymore.

Also please advise, how long will it take for this separation. my cousin who is in UK has offered me a job. How do i file a case if I go out of country.

What should I do. please advise

Ranee....... (NA)     23 June 2012

How will you concentrate in your job in UK?Any kids from this marriage?Why she doubts you?

Ranee....... (NA)     23 June 2012

How will you concentrate in your job in UK?Any kids from this marriage?Why she doubts you?

alexander (nil)     24 June 2012

to doubt your moral character and pressurise /torture you by attempts to commit sucide and making  separating   you from your parents is sufficient cause  to file fort judicial separation  on account of cruelty.. This is a cooling off period for introspection  and to  find a modus vivendi. If the things don't improve ,and there is no cohabitaion during this one year of judicial separation, a petition for the decree of  divorce can be presented in the District Court


If your wife has no source of her income, you may have to pay her almony and maintenance; that would also include legal expenses incurred by the wife as a respondent.  As you have no income, the court may impose a very minimal/nil costs for alimony. As the hous has been financed by you, yoummay wseek court's permission to sell it off provided that all payments are from your account and you hold the receipts in your name.

 

If your parents are possibly  old/infirm etc and have no sufficient income of their own, you as a son are legally liable to provide for their care and essential needs. As you have no income you can assume that alimony would be possibly nil.  You have to decide if it is divorce that you want.   Personally  and it is only my personal opinion that even a bad marriage is better than divorce. think it over and if there is the slightest chance to patch up go for it forgetting the hurt egos.

 

anand p Gupta

amateur legal research

 


(Guest)

first of all, you are such a fool to buy flat and name it on your wife, never do this thing fellow. if she wants a flat on her name, let her earn and then get it. in any case you flat is not your anymore. so stop paying emi immediately.

let me tell you what will happen in court : 
nobody will listen to you and you will end up paying alimony that will be half of your income because you only told that she does not work. and even if you stop doing work, high court will say something like : " don't do marriage , if you can't maintain you wife and impose a huge settlement on you, if not given a court order will sell your assets to do so, and if still not happen you will go in jail. and ofcourse that is what should happen to a foolish person like you, who first do a marriage and then cry like baby. so you just learned a lesson that marriage sucks, and never do marriage without a contract in future also suggest same to your peers.

if i were you in your place : i will go back to my house, do s*x with her as much as i can do, and then kill her and suicide.
that is happy ending of a love marriage always. my friends done same. haha
enjoy.

Anjuru Chandra Sekhar (Advocate )     24 June 2012

File for judicial separation give POA to your father to appear in court on your behalf, go to UK.


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