Probably she is just threatening you by saying that she has filed a divorce, because notice from the court does not take this long.
If you do not want to live with her anymore you can go and file a divorce.
Regards
She accuses me of cheating
My wife and I have been married 22 years. (2 childrens –1 girl – 20 years, 1 boy 11 yrs) She accusses me of cheating. She has no reason to think I cheat on her. I've never been unfaithful, I don't flirt, I don't have female friends, and I rarely go out. But every now and then she accusses me of cheating and have relations with somany ladies and prostitutes, running business with girls (prostitutes), relations with mafias, using facebook to video calls with these ladies etc. etc. 3 times she gone away from home because of doubts, but that time also I called her and discussed this matter with friends and solved. 2 times we consulted doctors for her behavioural problem (1 time with a Psychologist in Max hospital, new delhi – after 4-5 visits she refused to go because the doctor cant solve our problem) ( 1 time with a Psychatrist in Asian Institute of Medical science, Faridabad – after 1st visit doctor advised us to take medicine for both of them for 10 days after that will discuss further, but after 5 days of taking medicines she refused to continue, because doctor cant solve our problem) Now she is telling to children don’t go with him, don’t sleep with him, don’t use his towel etc. because he is a sick /bad person – you will get infected. Everyday she is busy searching facebook, hotels, etc. to collect evidence. If she see anybody who have my name – she suspect that is me and collecting screenshot. She is new to internet, facebook, whatsup, android phone etc. (only 2 month experience with this area) before that she was using normal phone – no internet, facebook etc. Now she told me she filed Divorce notice wait for 1 month you will get notice. My dauther is now studying BA psychology 2nd year, she also know her mother have some behaviroual problem and she need treatment. But we cant. Please advise Can I file a divorce petition or wait till her notice arrive.
Asked 8 years ago in Family Law
Religion: Hindu
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11 Answers
wait for her notice to arrive
2) in alternative file for divorce now on grounds of mental cruelty
3) wife making false allegations against husband of having extra marital affair amounts to mental cruelty
4) wife brain washing children that your father will infect you amounts to mental cruelty
If you also wish to file divorce and she has already filed one, it means both of you are ready for divorce. In such a case, both of you could obtain a divorce by mutual consent which is less cumbersome and expeditious than the regular divorce proceedings.
Sir , filing divorce on the grounds of her suspicious nature will not be strong enough for seeking divorce.. However is she also wants a divorce you both can file a divorce petition on mutual consent..
She is not accepting for mutual divorce, she want to fight in court and punish me. But there is no evidence against me she can provide to court. If I file Divorce case I dont have any documents to provide for mental cruelty so How I will provide this things (suffering mental cruelty). Refusing Sex, food, no relation with relatives, friends etc. is also from her side. So please advise me how to proceed further. Everyday there is arguments and threat to my life, because she is abnormal.
Asked 8 years ago
Let wife file for divorce
In your reply deny allegations but state that you have no objections if divorce decree is psssed y court
If wife dies not file you can file for divorce
You can price your case by your testimony and that of family members , friends
Refusing sex in itself is a good ground for divorce. Besides she's also denying you a lot of other things. Take your chance by filling a divorce.
1. Even if she has filed a petition for divorce, it does not stop you from filing a petition for divorce on the ground of cruelty. Both the petitions will be heard and decided separately. To prove your allegations in the court you require evidence, so install CCTVs and record her conduct before you go to court. It will not be cakewalk in the court.
2. Be also prepared to face criminal cases from her such as 498A, etc,
You can as of now file the petition on ground of mental cruelty, you can consult a local layer for the same.
Your wife is affected by some mental illness, it may be behavioral problem or mood swinging or even schizophrenia or any other problem related to he mental health.
There is no legal solution to this except if this constant attitude and nagging or cruel activities continue beyond an extent of tolerance, you ma decide to separate from her judicially.
The best way is to get her treated. Medical treatment shall be a better solution than a legal approach for this.
You can take the support of your adult daughter to support and solve this problem
She is not accepting for mutual divorce, she want to fight in court and punish me. But there is no evidence against me she can provide to court.
Dont worry about this, it is actually a blessing in disguise because you can get separated legally from her if she is filing a divorce case on whatever grounds. Th court will not punish you, instead if you submit to the decree she prayed for, the court may dissolve the marriage, this will be a better situation than the mutual consent divorce.
If I file Divorce case I dont have any documents to provide for mental cruelty so How I will provide this things (suffering mental cruelty). Refusing Sex, food, no relation with relatives, friends etc. is also from her side.
You can produce the documentary evidences for mental misbehavior by providing the documents for the consultations with the psychiatrist etc.
For other issues, you may just make a pleading in the court accordingly.
Hi, I have some doubts to clear 1. Our residence registered with me and my wife's name. All the EMIs are paying me only. She is living with me in the same residence. If I stop EMI - is there any benefit for me or what is the difficulties in future. Bcoz she dont care anything only want to fight in court. After divorce who will get this residence and how much share? is there any share for our children? 2. As per her I will receive divorce notice from court within 1 month time. After receiving notice how I will deal with it - who will change residence? or can we live with same residence and fight divorce case? 3. She is black mailing my children and saying your father is a criminal, undreworld connection, etc. etc. can I go for a complaint to my nearest police station? 4. If there is no valid evidence against me then what's the outcome from court and how I will get divorce from her. 5. My childrens are not interested to go with her - is there any value for their wishes? How will deal this situation if divorce approved.
Asked 8 years ago
If you stop paying EMI it would affect your CIBIL score
2) further bank would auction flat and recover balance amount from both of you
3) as on date wife is joint owner of flat she has right to stay in said flat
4) you can stay in sane residence and fight the case
5) you can file complaint against your wife for criminal defamation if she mailngs your reputation
6) if you are not able to prove allegations against your wife divorce petition would be dismissed
7) seek sole custody of your children