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Nandha (NIL)     16 September 2014

Wife's action causing mental agony

Dear experts,

Wife left husband with 2 year old kid 2 years ago stating cruelty from husband. Whereas wife mentally tortured husband and when husband confronted it, she made a drama and left the house. She demanded a separate house if she wants to join back. Husband lived with his aged mother and said he cannot leave his mother alone.

Husband deposited money in her account for expenses, which she promptly utilised during the period of separation.

Relatives from both side convinced the husband to bring her back for the sake of kid and also advised wife that husband cannot leave his aged mother alone. She put a lot of conditions like that every 15 days she will spend 2 days at her parents house and returned to matrimonial house after one year.

3 months later she got pregnant. She terminated the pregnancy against husband's wish stating the reason that " she needs more time for better understanding". No S*x*al relationship for the last 2 years even though both live in the same house. She takes every chance to pick up quarrels and tries to leave the house with the kid. Then she demands for separate house. Husband looks for a separate rented house and finalises, but she refuses to come. Then she says that she wants to work in her place and tries for a job there. And often says "that she made a big mistake of coming back". On wedding day, she purposely stays away from husband. Her parents are supporting all her actions.

Husband tried many times to find out the real problem. But, she never has a patient discussion to find solution to the problem (because she knew there was no problem). Instead she keeps on putting baseless allegations, when husband solves one allegation, she starts the next allegation.  Husband suggested that both should seek advise from a good family counsellor. But she refused to come.

Husband is fed up. He adjusted everything for the sake of the kid. But, the more the husband keeps calm, the wife mentally torutes him. He could not concentrate on his job. His health is getting spoiled. He even stopped talking to his mother on daily basis even though she is under the same roof.

Can the husband file for divorce or judicial separation? What steps should he take now?

Please advise.
Thanks
Nanda


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 3 Replies

Tajobsindia (Senior Partner )     16 September 2014

@ Author,


1.
Judicial separation seems to be better option currently over seeking divorce.

2. Consult locally with an Advocate found via reference and attempt seeing 'regularly' your wife in Court.. 

 

[Last reply]

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 September 2014

Judicial Seperation is a remedy for your problem.  Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.

Nandha (NIL)     16 September 2014

@tajobs & ramachary,

 

Thanks for your advice. 

 

How to start the 'Judicial Separation' procedure? Should I & my mother stay away from her for few days/months and then apply for judicial separation? Or, can I start the procedure while living in the same house?

 

Should I serve a legal notice through lawyer or can I directly file in the court and send summons to her? 

 

please advise. thanks

 

nandha


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