• Divorce, Or Judicial Separation

Dear sir,

My wife is time & again deserting me quarelling with me listening to their parents. it is 3rd time she has done. once in 2013, i filed a divorce petition then and withdrew with the intervention of relatives and then we left to Hyderabad. After staying there for 3 months she abandoned me very silly arguments and turned up last 2015 April and i made a home after getting transferred to Bangalore.

I had filed conjugal rights through lawyer while in Hyderabad, and my lawyer didn't even inform me her counter reply saying there is threat for her life and abuse her.

It is like she also abuses heavily using filthy language. she passes sarcasms at each moment whenever chance comes to her.

Very rude behaviour and always uses her brain based on the inputs coming from her home.

I asked her for mutual divorce but not coming up on those grounds too, though she asked me to send the draft and will reply to that she has never done that.

My efforts for the progress always attempted but some way or the other she spoils it. Once when i was ready to file for Canadian immigration she spoiled the PP too with some liquid and i got delayed to file the application in time.

I never had any peace in my marital life, not even a single complete week from 2010 of marriage to till date. It has been 6 years and never celebrated any festivals, occasions, birthdays too happily till date.

wherever i take her be it temples, some outing she doesn't talk to me and neither allow me to be happy, even there she picks fight.

And again from April 30th 2016 she left me due to arguments related to abroad settlement and she taken up admissions in Sydney Australia for MBA. Depending on this i resigned to serve the notice period for 3 months in the current company and my job is also at stake.
She doesn't look after me well at all, only lies & tricks and humiliates me though i have given fullest love and attention to her.

She didn't even look after me when i was severely ill in 2012 and came out of almost death like situations and rather tortured me to core and cry and made me to fall on her feet and i did to allow me to recover from the illness.

I was in such a situation that my immediate brother looked after me in the hospital and helped me collect my urine and took me to bathrooms too and etc.

i know that she wont give me divorce neither my part of peace and their family is definitely advising to do so and make me suffer.

As per whatsapp or email conversations i have sent all her belongings and entire household stuff too in the truck. It has been twice i have done and my entire age and time is getting lost only with these kind of things. And really into deep depression. How will law help me to overcome her and i get rid of her? We don't have any children from the wedlock.

I don't want her ever into my life and i want complete freedom from her.

Please guide what is the best way to go ahead and whether to file a divorce petition or go for judicial separation. So im free to live away from her peacefully for the remaining part of my life.

Iam now 39.6 years old and married quiet also at 33 years and surely not at all interested in marrying again at all. But i want to live in peace for remaining part of my life.

Regards,
SSR
Asked 6 months ago in Family Law from Asia/Pacific Region
Religion: Hindu
1) file for divorce on grounds of mental cruelty 

2) wife who constantly abuses husband amounts to mental cruelty 

3) in case wife files false case of 498A obtain AB 

4) you need not stay with her in same household . You can stay separate if you so desire 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. It appears  that you have entered in to a bad marriage,

2. You have all the right to be happy in your life without making others unhappy,

3. Collect evidence of all her abusive behaviours by audio/video recording her acts and conversations with you,

4. File a divorce suit on the ground of cruelty,

5. Engage a local lawyer having expertise in this field. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
From your narration it can be observed that you had been living a very hard life with her with full of tortures and torments. 
Many married life have turned sour and  unpleasant due to the elders interference especially from the girl side.
They are not bothered about spoiling their daughter's life or future but they will be hell bent to satisfy their sadistic pleasures. 
Most of the time the victim is poor husband.
Once the parties have separated and the separation has continued for a sufficient length of time and one of them can present a petition for divorce. 
 It can well be presumed that the marriage has broken down. Once the marriage has broken down beyond repair,  it would be harmful to society and injurious to the interests of the parties. 
Desertion and cruelty are continuous wrongs. What could begin is a disagreement, may turn into friction, only to transform itself into conflict. 
Therefore, each day would give a fresh cause of action to the wronged spouse. 
Desertion by a spouse who persistently refuses to return to the marital home, so that other spouse has grounds for divorce. such position also terms as OBSTINATE DESERTION.
  However you can have remedy by filing a divorce case on the grounds of cruelty and desertion.


T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Judicial Separation will only be a declaration that both of you shall live separately for a year to see if the differences could be reconciled. If you want to end the marriage then the remedy is to file a petition for dissolution of marriage on the ground of mental cruelty committed by your spouse. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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