Legal Question in Family Law in India
I have been married to my wife for 5 years. Who recently drifted away emotionally to her ex bf. I recently discovered several chat scripts 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 sexual 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?
1 Answer from Attorneys
the photographs and other evidence mentioned by you can be a good ground for establishing mental cruelty. regarding other queries, you are advised to see a lawyer with all the documents.
Adv. Rajiv
Delhi High Court