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waiting for truth (working)     09 March 2018

What sort of divorce i should apply

dear all,

                  i was married in jun 2015, she is a mental patient, she has heart problem and has to take tablets continously, without tell this to us her parents fixed our marriage. she is cunning and rude. doesn't like my parents. she left my home on feb 2016,she will keep on black mailing me that she will kill herself. now that baby girl was born on aug 2017. i didnt meet either of them. how to file divorce. her family is not ready for mutual. i dont have her mental sickness record.

          



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     09 March 2018

You may file divorce on the ground of cruelty but it seems unlikely you'll succeed. The best course is divorce by mutual consent and for that you have to convince your wife and offer huge alimony. Freedom don't come free of cost.

waiting for truth (working)     09 March 2018

sir

   i have a house(which is in my mothers name) . the are planning to take that house from me.. she had married me only for the property. they are threating that they will kill my sister and her husband. how can i live with her.i have huge loan on my back. i need divorce . she has mental sickness. can that be highlited in divorce, my friends suggest when a husband seeks divorce , divorce wont be grantedat the earliest.

Lata   09 March 2018

All men think their wives are man but that is not so. Mentally ill has many meanings. If it is something curable then Court may ask you to take care of her and get her treated. First presumption of Court is likely to be that you don't want ur wife because she gave birth to a girl child. If you married a woman then you have her responsibility. Why are you desp for divorce? Have an extramarital? Want to remarry for dowry? Be prepared to face 1000 such questions in a contested divorce.

Adv Radhika Mehta (Advocate)     09 March 2018

Firstly, you shouldnt have had a kid if you knew that she has mental issues.  Now if you go to the Court on that ground, chances are that the litigation will fall flat on its face.  What you can do is file a Petition on the ground of cruelty.  Do not highlight her mental issues except to give a slight hint.  But be prepared to shell out money in the form of maintenance of your wife and kids. As far as threats are concerned, record all conversations.  It will help you later on. 

waiting for truth (working)     10 March 2018

Mam,

         after my marriage 6 months later my younger brother passed away, we cant passs through that, she was pregant that time, she acted weired but writing suiced not, and blackmailing me that she will died. or i should leave my parents.. what can i do ? my parents are alone.. i can take responsible of my child.. i am not interested in another marriage too, but as her family has political and legal support, the are torchering me. i cant live peacefully. pls help me mam. how can on force me to move out of my parents. this also wrong right. 

KISHAN DUTT KALASKAR (Advocate)     15 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Adv Radhika Mehta (Advocate)     15 March 2018

Originally posted by : m***********
Mam,

         after my marriage 6 months later my younger brother passed away, we cant passs through that, she was pregant that time, she acted weired but writing suiced not, and blackmailing me that she will died. or i should leave my parents.. what can i do ? my parents are alone.. i can take responsible of my child.. i am not interested in another marriage too, but as her family has political and legal support, the are torchering me. i cant live peacefully. pls help me mam. how can on force me to move out of my parents. this also wrong right. 

I can understand it must have been a difficult time for you.  But do you have any proof of her asking you to live separately from your parents? If not, i first suggest you to call for a joint meeting between the families and record the same before filling. Asking a son to live separately from his parents' is cruelty but you should be able to prove the same.    

waiting for truth (working)     15 March 2018

ok mam, will try to get


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