Dear Sir

We suggest before taking final call for divorce to go through the following steps

1. Attend the counsellor both of you

2. Attend the counselling with us for legal

3. Keep the attender/care taker for the father - 60% problem will be solved

We need furthermore information to give detail opinion. If you are firm in decision then we can go ahead and file the divorce. But there also the matter will be referred to mediation.

Feel free to call and reach us with your issues. We will try to help you out.

1) you can go for Mutual Consent Divorce

Filing a divorce petition in India is a much smoother and safer route. The courts will receive a petition from an NRI for mutual consent divorce and the statements of both individuals will be recorded.

For purposes of appearance in court proceedings, if one party is unable to come, a power of attorney can be accorded to any person. This person should preferably be a family member. Once the statements of the individuals filing for divorce are recorded, the first motion is granted.

After the first motion has been granted, a period of 6 months is allotted as an interim period for the individuals to rethink their consent for the divorce. In this intervening time, either party can withdraw their consent. If neither party withdraws consent, then comes the second motion stage where the individuals have to be present to confirm their consent. The divorce is granted after this.

In the stage of second motion, both parties have to be present to confirm their consent by recording their statements in the court. Here, the physical presence of the parties is compulsory unlike in the first motion stage where a power of attorney could be granted.

The period of 6 months can be extended to 18 months from the date of first motion being granted. The courts have allowed for some amount of flexibility to be granted in this regard. Thus, an NRI can assign his consent and his presence between a period of 6 months to 18 months to acquire the final decree for mutual consent divorce by the courts.

1. Divorce remains a choice to either of the couple during the subsistence of marriage .

2.However beofre opting for it you must consider whether getting divorce will exterminate all your sorrows and agonies from your life if your second marriage , if occurs, will shower you with all the peace,love and affection which you were yearning for.

3.Do note that every marriage is a path of thorns which is to be worked out with passage of time. mere friction even if regular should not be considered as a failure of marriage so that divorce is to be opted for.

4.When the marriage breaks down irretrievably without any chance of repair then only one should think of divorce.

5.To apply for divorce you will have to file sucub suit in india on the ground of mental cruelty. Your adviate in your absence can deal with the case and your personal attendance on day to day basis is not required.

6. Such suits does take lot of time and it may entail retaliatory criminal case from the side of your wife.

7.In the end I would recommend you to bring your family to your present place of stay as staying together may remove the distance that may have started.

If she agreed you can seek a Mutual consent divorce.

In case she doesnot you can file a divorce based on mental cruelty that your are suffering. The wife is not supportive even you have to live abroad to earn and you are getting mental torture out of this can be a ground

You have not mentioned your religion.

1) you can file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) record all wife abuses

4) it would help you in making out a case for divorce

5) seek joint custody of your children

Try to go for a divorce with mutual consent if possible. Else you have to file contested divorce in family court.

The issue of compatibility in this case is material as you are married for a long time.

You are living overseas however you wife lives back home looked after parent and children.

There could be differences between both of you and may lead to some abuse and personal remarks as well but advice you be calm and appreciate her for the support she gave to you.

Even then you wish to go ahead you may file a divorce petition citing reasons like domestic violence,cruelty, and abuse as grounds.

Please be informed that during the petition period she will have right to claim maintenance under section 125 CrPC and alimony on the divorce as per her social status.

You can file for divorce under ground of mental cruelty. If you are Hindu you can file under section 13(1)a of Hindu Marriage Act. Before filing case gather enough proof as it's difficult to prove cruelty.

Try to meet her and resolve your issues first. If that cannot happen then it is advisable to go for mutual divorce.

Hello,

You may talk to your wife and discuss with her that whether she is ready for mutual consent divorce or not.

If she is not ready for the same then you may file a petition for divorce on the ground of mental cruelty as per section 13 of the Hindu marriage Act. You may note that there is no concept of no fault divorce in India.

Talk to your wife in relation to mutual separation first.

Regards

If your wife is also ready for a divorce, you both may opt for mutual consent divorce.

If not, you will have to file and contest a divorce case against her.

Dear Querist

if you want to divorce her then you may file a divorce petition before the family court against her under section 13(1)(ia) of Hindu marriage Act-1955 based on cruelty.

but if she is unable to maintain herself and not employed anywhere, then she may file a maintenance case against your under section 125 of Cr.P.C. for maintenance and 1/3 of your income can be granted her as maintenance.

apart from this she may file a domestic violence case against you and claim right to residence, protection, monetary relief, child custody, if any, and compensation Under section 18,19,20,21 & 22 of The protection of Women from Domestic Violence Act-2005.

Feel Free to Call

You need to file the divorce petition against her on the grounds of mental cruelty in the court of law with the help of any local good advocate.

Dear Sir,

You are in depression, you should not be. You need helping hand and caring hand, it is need of the hour. You need advise of family counselor. You need soothing words as your mother passed away. At this age you cannot go for divorce which takes years together. You have to adjust with her and you must love your children. You must see your mother in the children. Forget and forgive her. Treat her as your companion, just obey her orders just like a child. Shut down your ego. You have to live with her. You need her in the olden days at least and she also need your company in the years to come. Both will repent later. Think coolly. Friends either of yours or hers will be outside the threshold and outside your hearts. Try to console yourself. Be bold and active. Nature will assist and guide you. Bye. Best of luck.

Under the given situations, you may talk to her to agree for mutual consent divorce on terms that may be mutually agreed for this type of divorce.

If she is not agreeing for this situation, then you can file a contested divorce petition on the grounds of mental cruelties.

You can also seek the custody of your children citing her irresponsible attitude and wayward lifestyle which would harm the future of the children , hence keeping the children interest as paramount importance, you may seek their custody by filing a separate case along with the contested divorce case.

1. You can file a petition for dissolution of marriage in the country where you are now domiciled. Alternatively, a petition for divorce can be filed in India on the ground of cruelty. Before going to court you should collect evidence of her cruelty by recording her acts within the four walls of the house which prove her cruelty.

2. Be prepared to face 498A and DV cases which she may file in India in return.

1. There are specific grounds prescribed in law based on which you can seek decree of divorce & cruelty is one such ground.

2. Non compatibility is not the acceptable ground based on which you can seek decree of divorce.

3. You shall have to very carefully crystalise all her behaviour to you and your parents to form of cruelty. As per Supreme Court Judgement, calling husband continuously in public as 'Motu' also is considered as cruelty on the part of the wife.

4. So, collect evidence of all her such acts in the form of audio/video recording her conversations which can be finally called as cruelty against you and then file the divorce suit on the ground of cruelty.

5. the case is expected to run for 2 to 4 years and you can expected her retaliation in the form of filing of counter complaint/case u/s498A of IPC, DV case, maintenance application etc.

6. Meantime, you can also negotiate with her for jointly filing mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.