I got arranged marriage in may 2009. Before marriage I was living in delhi and the girl was working in government sector in M.P.Before marriage we used to talk over phone and had told each and everything about me & my family and my future plan. But just after marriage or say 2 or 3 days she started abusing me and my family and had started using derogatory words against my family and me. Since I was in Pvt sector i thought I must settle here in home town M.P since she is into govt job and I have a plan for doing business and had started contractual business for construction. So I shifted in M.P but she started mistreating me which I thought may be due to my less income for may be because of my profession. Relationship started deteriorating so to save my marriage and to prove my worth I decided to shift again in Delhi was between 6 months from marriage. From there I started sending money to her to prove that she was wrong in abusing me. But no by then she had started misbehaving with my family and forcefully allotted Govt quarter from her company and started living there which was just 2 mins walking distance from my home which was allotted to my father in same company( Her father also works in same company living 20 mins at walking distance). When I got to know I felt bad and started thinking how would she be living alone there so again I Shifted back again & joined one job in lesser salary but again she started misbehaving with me. Now she had started abusing me and started telling me that I had married her for money. Again to prove myself started supply business with one of my friend there which was good. By now she had started comparing me other guys and showing me that I am worthless. In the year 2012 we got a son. I was very happy and thought that everything bad between us will disappear now. Still she was not satisfied after few months from my sons birth now she had become more cruel than ever now she had started saying she will be able to get anybody for sex. she doesn't need me and stopped coming closer to me. In fact she stopped doing sex with me. I was under mental torture because of her words and harassment. I was hopeless about our future. Because of her behavior I was under mental agony. I decided to move on or else I will become mad and would start violence. I shifted to mumbai in year 2013 end. Here got the job and just against my expectation she never used to call me and if try to call her she never pick phone and after continued attempt if she picks she use abusive words and threaten me. After leaving for Mumbai got to know one unknown person visit her which when I questioned she filed dowry case against me and my family in year 2014 which we solved amicably at police station. Now we are no more on talking terms, she never allows my son either to speak me or my family from last 3 years. If we try then she threatens us. And when I am asking her for divorce with mutual consent she is asking for alimony.
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From mumbai I have been sending money for my sons care each month.
Hello,
You have all the grounds to file a case for divorce on the grounds of dissertation and cruelty.
Also please take note that the case will be filed at the place where you two last resided together or at such place where she is living right now.
Also when you will file the divorce she will file a objection claiming alimony wherein court usually grants certain amount of alimony.
Contact a local lawyer and file the case for divorce.
Regards
File for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty
3) wife refusing to stay with husband amounts to mental cruelty
4) wife refusing to stay with husband amounts to mental cruelty
5) seek custody of your son
6) court would award you visitation rights
1.So not strethch this dead marriage anymore. If she ask for alimony negotiate with her.
2.If she is unemployed then she can file maintenance case anyway and you will be bound to pay her.
3.Hence rather pay her one final time and get mutual divorce.
4.If she files 498A case as well as maintenance case then you will be uner great difficulty.
5.Hence pay her alimony and then get mutual divorce.
You should file a petition for restitution of conjugal rights as your wife has withdrawn for your life and has abandoned and deserted you without any just and sufficient cause. This petition will be filed in the Family Court under section 9 of the Hindu Marriage Act.
File this and observe how your wife reacts. Based on her moves, you could decide your future legal strategy..
If she is not agreeing for mutual consent divorce, it would be better you file a divorce case on the grounds of cruelty.
You can also file a child custody case and ask for visitation rights as an interim relief.
If the situation is beyond tolerance, it would be better you stay away from her and also you have to find through your sources about the person who visits her during your absence so that you can add adultery as an additional ground for divorce
From mumbai I have been sending money for my sons care each month.
Since she is also employed, you stop sending any money to her for the present.
Let she file a maintenance case for both which you can challenge on her salary income basis and can ask the court to direct her to bear half the expenses of the child.