Philip (senior Executive) 21 November 2012
Tajobsindia (Senior Partner ) 21 November 2012
1. Any Police report filed for that theft whose incidence you are mentioning here first of all?
2. See post Notice read with post sour-sweet yes or no hide and seek if she is staying with you then options for divorce gets limited. I don’t mean here that you cannot take divorce but you have to collect evidences of mental cruelties now and living under same roof divorce as per grounds available can be opted and it is not necessary that such Christian marriage Act couple needs to live separately to file for divorce !
3. As far as living separate is concerned you may tell her in-directly with some justification why you want to take her out of the mother’s property and live separately. It is tricky call which you need to devise ways to means yourself.
Also other than eye on mother's name property if she is not complaining much in daily life and is working lady then pull the so called dead marriage without touching Courts with bar of living under same roof which is slightly tricky to remove her from at this stage all of a sudden. This way you can live under same roof without talking terms yet take care of the son and need not have to spend another long decade in litigations unless she agrees for MCD as per your personal laws.
vijay (M) 21 November 2012
@ Tajobs
if she is staying with you then options for divorce gets limited.
Does that mean if she is not staying with the husband, divorce would be easier ??
Philip (senior Executive) 21 November 2012
Dear Sir,
Thank you very much for your answers.
1. We have filed a complain that she left the home without intimation.
2. For last one year I have got mental torture by the legal notoce, by cops coming home, by curiosity of neighbours and relatives, etc. I have not even 0.1% interested to stay with her any more. I am fine alone.
3. When I see her I feel irritated and like to hit her but control myself. I cant live with her under the same roof.
4. Can I go out of my house and stay separate somewhere else? Because if I ask her to go back it will be an offence.
5. I can take financial care of my son. He is only 4 years.
6. Why to pull a dead marriage whole life? I can divorce her and mary again and have a normal life.
Now I dont feel like returning home after office, I come very early to office to avoid her. My mother & sister is also not happy of her return.
Philip (senior Executive) 21 November 2012
I am now forced to stay with her under the same roof without any verbal/physical relation.
Since most of the laws are for ladies so I have to stay without my will. My life has become miserable for last 10days and I feel like commiting suicide.
Tajobsindia (Senior Partner ) 21 November 2012
@ Vijay
[He he……] not necessarily re-read the reply in conjecture and it all boils down reading his brief that he has as per me currently have limited grounds other than if bolt out of sky makes her agree to end marriage in cordiality.
Tajobsindia (Senior Partner ) 21 November 2012
@ Philip,
1. Then hire an advocate via reference as per your personal law and discuss these issues and remedy thereof suggested and do the needful as reviving 'dead marriages' itself is cruelty.
2. For other questions it is my view as not advisable in present format of matrimonial laws to create self evidences of desertions etc. whose details (more) in person you will come to know once you locally consult as in Chamber with an Advocate.
[Last reply]
ANAMIKA VICHARE (LAWYER) 25 November 2012
One can file divorce petn even fi the partes are under one roof without cohabitation, cohabitation means staying together having physical relations
rajiv_lodha (zz) 25 November 2012
But getting such contested divorce as explained the situaltion above is next to impossible.
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