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yesakki (self)     18 May 2015

What to guard against in my divorce.

I have been married to my wife for 5 years. Who recently drifted away emotionally to her ex bf. I recently discovered several chat scriptts and have photographs of those chats that they have been meeting each other and that recently my wife has approached him with “I still love you. Do you want to consider getting back together?” I realized that this (emotional may be) closeness with ex bf could be one reason why she avoids physical intimacy with me. I also have a photograph of a slip of paper where she wrote “it is mentally and physically impossible” for her to have physical relationship with me. Also she doesn’t want to bear my child.  She now plans to go abroad even if I am not in a position to accompany her. She will be gone for a minimum of 5 years. I used to back that idea but because of the ex bf thing I don’t want to support this living away and then joining her later idea. She is an extremely vindictive person, abusive in language and stoops to low levels in any quarrel, may it be even with maids. I can expect same levels of undignified responses must I press for a divorce. I am unable to put up with last 2 year’s mental agony and is now pushing me into a clinical depression. If my request for mutual separation is denied, what options do I have?  

  1. Do the photographs / forwarded chat messages (I am sure her phone bill will also have calls to her boyfriend) be grounds enough?
  2. Will the photograph of hand written piece of paper, stating she doesn’t want s*xual intimacy be grounds enough?
  3. Will the moving abroad get me grounds on “abandonment”, since I am not supporting the moving abroad anymore?
  4. Since she is an abusive and vindictive person, what should I guard myself and my family against?


Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     18 May 2015

On the above given facts by you, you can file divorce on the ground of mental cruelty. The chats, paper slip, photographs all the evidences are good proof of cruelty upon you .

saravanan s (legal advisor)     18 May 2015

Do the photographs / forwarded chat messages (I am sure her phone bill will also have calls to her boyfriend) be grounds enough?

in addition to all these if you have any proofs of them staying together in some hotel or anything like that then you can file case on the grounds of adultery

Will the photograph of hand written piece of paper, stating she doesn’t want s*xual intimacy be grounds enough?

refusing to have s*x also amounts to cruelty.will work to your advantage when you file divorce on grounds of cruelty

Will the moving abroad get me grounds on “abandonment”, since I am not supporting the moving abroad anymore?

yes only when its for continous two years and she must have refused to join you irrespective of the efforts you took from your side.it amounts to wilful desertion.this will add another ground to divorce - desertion

Since she is an abusive and vindictive person, what should I guard myself and my family against?

file an nc in the police  station that your wife might file false cases on you and your parents


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