Legal Question in Family Law in India

divorse

I am married for last 10 years and has two male children.My wife is a house wife . My wife was bit more shy and not involving with any one right from the begineing of marraige. She is metanlly sick and she is highly suspective in nature and always prick with odd questions. Ours was joint family and were living with my brother family and my mother. She could not manage and coordial relationship with my brother wife and she for extended period stayed in her paretns house. Later on on her wish and my inlaws insisted we seperated from joint family and started livign seperately. Initially she was regulary taking psychratic help and either myself or their parents were taking her to psychriatic help. As I understnd from her doctoer, she has a mental disorder and she needs to take medicines throughout her lifetime and any discontinuation will agrevate the sitauation. My wife does not believe that she has mental disporder and does not take medicine regulary. She never respects m or tke my advice to take medicine. her parents say that I am responsible for her mental state as I do not take care of her. At one end she does not trust me & higly voilent Her parents threat me of dowry case. I cannot live with her anymore , How 2 proceed.


Asked on 12/06/08, 1:18 pm

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorse

You can file case on the grounds of cruelty but think about the childrens which you have.

I would suggest you to understand and co-operate with the situation.

Try loving her more and take care of her in a positive state of mind.

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Answered on 12/17/08, 5:31 am
Nandita Haldipur Haldipur Associates

Re: divorse

you can file for divorce on the ground of cruelty but think of your children

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Answered on 12/09/08, 9:47 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorse

you can proceed on cruelty ground

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Answered on 12/08/08, 7:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorse

You should understand the gravity of the situation.

The thought of divorce may be highly improper for yourself and your children. It may practically ruin your life in terms of costs and time involved in litigation.

You may consider to proceed for pursuing your thoughts only if you are a very rich person and do not bother about your reputation and the time involved in courts. You may need to provide her full maintenance as per your standard of living as at present. she may also get children's custody for which you may have to pay maintenance. Besides, you may have to pay her the entire litigation expense she may need to incur.

If you are willing and have capacity to meet such expenses as described above only then you should consider separation. You may also keep in mind that she or her parents may also register criminal case against you for having brought her to that situation; and her illness may rather be used against you.

It may be better to develop more love and peace in your mind and take care of her keeping in mind that she has given you two beautiful sons.

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Answered on 12/07/08, 5:32 pm


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