Hello sir/Madam, Am posting the previous issue again as mentioned below: I am an Software engineer and married on 2010 ,she working as lecturer. From the day one i had bad experience undergone lot of torture from my wife (its difficult to summarize the bad moments i experienced in 6 years ,but i will try to highlight) -->Day 1 she has been tortured and not taken care of my parents(hardly stayed with us ,once in a year they use to come our home) -->She is always quarelling if i have call with my mother ,its like mental torture -->Emotionally her support is nill(no intimacy ) -->Always pressurizing me to attend function/marriages of her relatives (mother side) and not been visited my home town(only couple of time visited) -->Threatening leaving home ,complaint etc 8 months back she left home at 10 pm ,later his brother come to my home and entered my room had argument with me and trying to attack to avoid this i left my home(rented ) from then. Now also am paying rent for that home nobody staying there ,my wife residing in her mothers home. To avoid complications/police complaint we my uncle advised to visit counselor. Counselor finally insisted to take our decision mutually divorce /living separately because of our opinion conflict . From past 7 years am suffering and luckily am enjoying my work and not addicted to any bad habits(i dont smoke/drink),As human its very difficult situation to live for longer period i need to get rid of this and want get divorce. 1) Now I had a talk with his uncle and they are calling me for talks ,they may expect monitory gains/some amount as settlement ,so since she is working do i need /bound to pay any amount ?? 2)I recorded the conversation with her uncle ,which last month held and he told either way is fine with him(settlement thru money or contested divorce) ,but which one should i choose?? 3)From the day one she is no more sexually compatible so am trying to add this point as mental cruality as well,also we didn't have child ? 4)Can I stay with my parents(bring them from home town) now and file her divorce complaint ? 5)Still they complaint against my parents and me now also?I havnt taken any dowry/her salary amount too 6)I am thinking to contest rather than mutual (because they may ask huge amount for settlement) ,so since she is also working how much maintenance approx do i need to pay? Kindly advice
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1) it there is substantial difference in your incomes wife would be entitled to alimony
2) settlement option is best option , contested divorce cases take 5 years to be disposed of
3) you are at liberty to stay with your parents
4) refusal to have sex amounts to mental cruelty
5) if wife files false dowry harassment case obtain anticipatory bail
6) it is your call whether you want to have contested divorce
1. if your wife is unemployed then you are liable for alimony, ne time or monthly.
2.Settlement through money is god option provided the payment is within your comfort level.
3.Yes you can bring them and file divorce petition if settlement fails.
4.If you are thinking in terms of fighting it out on merit in court there is no harm in it.
Few more queries 1)I left my rented house since her brother threatened me and am staying @PG and still am paying rent for that home and she also not staying at that home and staying with her parents now. so Can I vacate home now? 2)I am drawing salary 85000+ per month and she is earning 30000 month ,approx how much should i give as maintenance if applicable 3) Can I change our lawyers(Because i may change my place from bangalore to another place in karnataka) in between if i place petition depend on their plan/ please advise Thanks
You can change your lawyer at any point of time.
The quantum of maintenance may vary from 1/3 to 1/5th of your net income.
You can vacate the house now
2) wife is working and able to maintain herself
3) court would not award her substantial amount as maintenance
4) you are at liberty to change your lawyer
1. If she agrees for mutual consent divorce, you may accept it and go ahead but please be aware that she will not be eligible for maintenance or alimony since she is employed and earning a good income, so decide about going for a settlement or not.
2. You can file divorce petition on the grounds of cruelty, let she decide about contesting it or to compromise.
3. Refusing for sexual relationship also is cruelty, you can cite this in your pleadings.
4. There is no harm in staying with your parents for filing divorce cae against her.
5. Let she complain, you can challenge the same in the court.
6. As you pepole do not have any children out of yor wedlock and also she is employed, you may not agree to pay any amount towards her maintenance.
1. You can very well vacate the rented house immediately.
2. She may not be eligible for maintenance since she is employed and drawing a handsome salary.
3. Retaining the same lawyer or changing the lawyer is your own choice and decision, there is no legal question to it.