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Don't want My Wife To Come Back My Home


24-Apr-2023 (In Divorce Law)
My wife has some kind of mental problem which they hide and even not accepting till today...Due to this split personality issue lot fight have been done physical as well , wo katne lagti hai..akhun se scratch kardeti thi.....ow she is at her parents home since last 1 year....She has taken the jewelry which we have given to her.....She is very negative women , what she want is drama all time......they have given car and some amout at the time marriage..... Please provide step by step suggestions , I am not able to understand where to start as she can also file many false cases against me...She was very used to cell phone she might have done some audio recording of our fights...Bahut buri bala h wo...Divorce chahiye us se. .. No children so far .. 2 saal ho gaye shadi ko
Answers (3)

Answer #1
907 votes
Hello you can file the contested divorce case on the basis of the cruelty( if any), bipolar personality cannot be a ground as it is treatable and manageable. For further advice need more details to arrive at a workable solution.
Answer #2
603 votes
We can definitely help with this matter. If you are afraid for your safety or her behavior, we can file for a restraining order to keep her away while you file for divorce. Alternatively, we can discuss a mutual separation arrangement based on a process such as mediation.
Answer #3
819 votes
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery (Whatsapp pics) but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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