Singh 10 March 2018
TGK REDDI 10 March 2018
After a few months ( after the end two-year period ) you can move Court for divoce. The issues you mentioned must be relevant.
While granting maintenance, your loan will be considered.
Domestic Violence case against you is ruled out.
The extra marital relations alleged are not likely to be proved.
J.D.S Sareen (-) 10 March 2018
Dear friend
As per my personal legal experience and depending upon the facts and evidence of each different case, you may apply for the dissolution of marriage under the Hindu Marriage Act or any other act, under which you are governed with. The ground of marriage must be so compelling that the court must come to the conclusion that it is not possible for you to live with your wife any further. You can get details of the grounds for dissolution of marriage by consulting an advocate. You must consider those grounds before you even approach the court; as otherwise, you may loose your case, if the grounds are not fit for divorce. In that case you will not be able to file your case in future also on the same grounds without sufficient evidence. It is also brought to your knowledge that as per the prevailing law/rules you are bound to maintain your wife, if she is not employed or earning, equal to your economical status. As far as your question of considering your personal loan while assessing your income, you are informed that it will not be very useful to you. The reason is that ultimately the said amount has come to you. The logic is that if such concession is given to husband, then in that case every husband/wife, as the case may be will get loan of lacks of lacs of rupees and get maximum deduction by way of loan and take as plea that the amount of maintenance be given at lower side, as he is getting say Rs.5000/- out of salary of Rs.1, 00,000/- in hand.
Now as far as filing of complaints are concerned, the wife can always file criminal/civil cases against you, may be on wrong facts/allegation and it will take some time for the courts to come conclusion whether the said allegations are correct or not after considering the evidence brought by her during the trial of the case.
You are further informed that you must consider an advocate in your case before proceeding further. My advice is a general advice and this may not be relevant or applicable to you and I am not personally responsible for any action taken by you qua the advice sought by you through the lawyersclubindia forum. Best of luck
Singh 10 March 2018
Singh 10 March 2018