Divorce Divorce

5 years ago

I am 37 year old , married since 9 years , daughter of 7 year old and working in corporate as sales manager. Own a flat on 70 lac which is on loan and a salary of 1 lac a month. My wife education is ME electronic engineering , she was working till birth of our daughter. My daughter is having an autism.my wife and me are having different opinions on her wellbeing Ness and development, she thinks that she doesn't have any problems and need to raised like normal child and we should his it from all. I have taken opinions of doctors , experts, psychologist and schools regarding hers development , everyone says that your daughter needs special attention and training, which I tried but my wife is not coperative and she thinks that it's all only my responsibilities to take care of her , along with my job. We started fighting on these issue for long time and she is very adamant on her view on her upbringing. I observed that even though she is well educated she lacks so many things which are required to be normal person and fights on every thing. She is adamant and short tempered. She has broken my 9 mobile s 3 iPads till date due to her nature. She doesn't have much friend and no relatives visit or meets her due to her nature and personality ever since before marriage.her brother is having schizophrenia and father is short tempered and orthodox. She use to hit me or slap me once in a day which I couldn't bear till 2016 after marriage. She has restrictions on my daily routines like I should reach by 7 pm only , if I will be late I have to sleep outside home for that night. I can't even touch phone and pick up phone when at home, if done so she will start fighting. I should complete my work like ,kitchen work, cleaning of kitchen, preparing for tommarow morning vegetables and cleaning of house before I will go to work or before sleeping. It is my responsibilities to make my daughter sleep every night because, my wife has habbit that she will get sleep at 9.30 and she can't take responsibility of daughter after that. I have filed complaint against her in police station for slapping me after the suggestion of counselor. I have tried to take her to counseling ,but was not ready come, even I have asked hers parents and relatives to interven but she is not listening to them too . It was my last fights between her regarding my daughter s admission in special school because many schools suggested her for special training after her interview. My wife was very adamant on taking admission in normal where school authority was not aware of her status. After that I have decided to get separated from her which is harming my daughter s life and she was not getting good and healthy environment due to our fighting s. So I started living some other place leaving my daughter and wife in my own flat Flat is on both name but total investment is mine. Then they filed a case against me in commissioner office that I have left house and not taking the responsibility of child and wife, we have been counseled in commissioner s office for 1 and half months weekly which was not concluded or was not against my stand of leaving home. Counselor told me that your beige is very adamant and she is not ready listen or accept some facts. And you can't keep this problem in lingering for longer periods and told me take bold decesions. At the end of counselling they asked us to give in writing your decesions about your marriage I have asked for divorce and custody of child and my wife has written that she will take the case to court or take suggestion of lawyers. 6 month passed ,I am paying bills EMI, school fees and mobiles from my account and I am staying outside home. My wife says that I will not give you divorce and we will stay apart and she wants me take all fianacial responsibility. I want my daughter s custody and divorce from her . I am worried about my daughter since she is not getting a right environment. She has broken mobiles and iPad thinking that I have recorded so many things against her, some of the mobiles she has thrown some where I can't find out. There are so many things to discuss, need advice and good lawyer cum counselor who can help me to come out of this situation

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client consult with local lawyer.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.dEAR CLIENT BETTER TO TREAT YOUR WIFE FROM A PSYCHOPATH, IF SHEDOES NOT AGREE THEN FILE A SUIT FOR DIVORCE UNDER SECTION 13 OF HINDU MARRIAGE ACT. For details, pl.contact some advocate through vidhikarya.com.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Dear Client your problem is very serious so ask for consultation through vidhikarya.
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.you are entitled to get the custody of your daughter who is seven years of age. You need to file a divorce petition on the ground of cruelty along with a petition for the sole custody of your daughter. Since your wife is a well educated, her circumstances does not qualifies her for maintenance. As for the house, since it is in joint name, you cannot simply throw her out as she is legally one of the joint owner of the property even though you are paying the entire EMI. If you both agree for mutual consent divorce, it takes six months to dissolve the marriage but you need to be careful when settlement terms are been drawn before filing MCD. You can contact a local lawyer from Vidhikarya for filing the case
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Anonymous

Replied 4 years ago

Since last 8 month case is going on me about domestic violence in a criminal court, I have replied through my lawyer on point to point ..we were just getting dates and not reached to argument yet.opp lawyer finds excuses every time for not argument and asks for dates.
My lawyer says that we can't a file a divorce case until domestic violence case ends.
I have given enough proofs on how I am still taking care of them financialy, I am still staying somewhere else.and we have not done any physical or mental violence. Two times police case has been filed that I am harrasing them which is not true since I am not in touch or contact with anybody with there family.
My wife don't want to give me divorce and staying outside home since last one and half years now.
I don't know where the case is going on or whether I will get justice out of it or it will be just life long case and nothing to happen.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Consult a local lawyer
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
First, I need the complete case history along with what exactly you want.
We can have the telephonic consultation through Vidhikarya.com if it is acceptable.
Shanti Ranjan Behera
Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.First u should file RCR petition . Then file divorce petition. But u should file all evidence against Ur wife.
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