Need suggestion on Divorce with employed (govt job wife

@Krishna

See my reply in blue:

1.Do i have to pay any maintenance to her (she is govt employee)

A1. It depends on the terms of your mutual divorce. The divorce document that you both would sign, would contain all the terms which you both "mutually" agree including your divorce. So you have to convince her to agree on this point or may be by trick.

2. We are almost living separately, how much time will it take if we apply for divoce with mutual agreement

A2. Almost living seperately does not make any sense to legal mind. When you are living seperately from your spouse for one year or more and did not had any conjugal relation, then you are eligible for mutual divorce. After you apply for divorce is it called "First Motion". Then the judge is duty bound by law to send you two to mediation centre. Then after 6months you can move second aplication called "Second Motion". Then after reviewing your pleas and ascertaining the factual position and your identity, your application woudl be formally approved and divorce is done.

3. In case, if she does not agree for mutual divorce, how should i proceed to apply for divorce.

A3. In such cases, it is very difficult for a man to get rid of even unscrupluous wife. But converse is damn easy. Anyways.  You have to collect all proofs of cruelity of your wife towards you and your parents. Also you have to show how she is unfit to be kept as a spouse and no prudent person could ever sustain with her.

Maintenance is not to be looked at as a right of a wife but should be looked as a right of a dependant on the guardian. A husband takes care of the wife and maintain her not becase he is a man, but lawfully he is the guardian (as per S.6HMG Act) of his wife. That is why she has a right under S.125CrPC to claim maintenance. But we should also understand that this right is also there for children and parents. But such claims and cases of parents and children and their misuse are scant.

All the best!!

//peace

/Saurabh..V

"she is abusing me and my parents, verbally and physically"

Abusing physically???/ means Whether she beats you???????

As you have explained above that she is doing govt job and "if she earns more than Rs 10,000 per month and the court will analyise her socio-economic conditions and other conditions, If they are fine, then u may not have to give her maintainence. 

thanks for your replies. yes, she has slapped me and my mother and even kicked us sometimes and raised her leg onto my father. she uses very bad foul language while scolding.

i am from enconomically poor background. and i am from a lower caste. she and her sister have verbally abused me and my parents like: "neeche jaath ke log", lower caste people. bikhari log.

regarding her monthly income, yes she earns more than 50,000 a month.

You might hv got a love marriage.

U have to share your daughter's expenditures.But u don't have to pay her maintenance if u can show her income.

In the mediation center , if possible try to reconcile for your daughter's sake.

thanks for your replies. yes, she has slapped me and my mother and even kicked us sometimes and raised her leg onto my father. she uses very bad foul language while scolding.

Sorry to say but have you got some Testosterone flowing in your blood.....

Bro,

      Before writing my comments I sincerely beg all of your pardon as I know my opinion will be very rude & cruel.

All problems can not get solved in court, police-station or in gently manner. In some case physical torture is also required. The concept physical torture is also valid in some case, that’s why I think police is using them in the name of first, second & third degree.

Beat her once with whip (make sure she should not die), so that she should remember it rest of her life; your entire problem will get solved.

Krishna

I am in the same mess as you and also have a 6 month old daughter, but what I did was that after 1 year of separation, i filed divorce case under cruetly and desertion from the top lawyer.

Now I am getting divorce in just 1 year since my b*tch wife was not interested in giving the divorce.

I just slapped my b*tchy wife by proving that she didnot fulfill her marital responsibilities by not maintaining physical relations with me for over 5 years and is abusive, agressive and doesnot like staying with me.

Fuck her off leagally by filling case before hand rather she f**king you off..... Got it......... Be a MAN AND THINK AHEAD OF BITCHES

"In the mediation center , if possible try to reconcile for your daughter's sake.",  For the sake of my daughter i have been patient for all these four years. now my daughter is getting disturbed by our querrels. mentally, she is getting disturbed a lot, i can see that in my daughter's face. she is telling and teaching my daughter all the wrong things like: 'hate them, dont go to me and my parents'.  all these complaints are aside. 

now she is in the process of extracting money from me after divorce. thats why i asked for your points and suggestions: she is earning more than me. how can i keep my daughter with me? at this age (4 and half years), my daugther is not willing to stay with her. she is staying with her as she is very much afraid of her.  i know court will not allow my daughter to stay with me. please point out all legal issues related to this.

thanks in advance.