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i am married for the past 14mths,since the last six months my wife has left my house & staying with her parents house, re coming back to me she keeps on changing her mind every now & then once she says that she wants to be with me ,then says she dont want to come back to my house , she dont want me to keep any conditions on her returning ,it made very clear that she will be staying with my family(its a joint fly) but after marriage she made all sort of excuses of getting out of my house, now doubt if she has some sort of pscychological disorder, she has made my life hell, how do i get out of this situation i am a catholic, is church anullment neccassary before a court divorce or can i directly apply for a court divore, how can i make my case strong , she is not willing to see a psychiatrist ,mentally she is very unstable, earlier too she left for her parents house i was abroad then since the last seven months i am in mumbai?need your help guys ,more details available on request,thnx

2007-01-04 01:26:57 · 7 answers · asked by stanley 2 in Family & Relationships Marriage & Divorce

7 answers

My dear friend if you are thinking of giving her divorce then just forget it this is my personal & legal advice. Now you will ask me why? Ok let me introduce you to the enactment that concerns you as a catholic christian. You married in the church according to the Indian Christian Marriage Act,1872. Now for seeking divorce you have to file petition under section 10 of the Indian Divorce Act,1869 which clearly provides only one ground for divorce to you which is since the solemnization of your marriage your wife has been guilty of adultry. Now prove this in the court & you get dissolution of your marriage. As far as annulment of marriage under section 18 &19 of the Act is concerned on the ground of her being lunatic or an idiot at the time of marriage is concerned you could move the court but here again you have to prove that she was lunatic or an idiot since the time of marriage. In any of these grounds you have to give medical evidence that will prove her state of mind. What I feel study out this aspect & take necessary action now itself otherwise although there is no time limit for filling petition for annulment undue delay can make your case weak otherwise which courts take very seriously. For more advice contact me on my email.

2007-01-04 23:07:22 · answer #1 · answered by bisexualmale s 6 · 0 0

Have you talked to the church or your priest? If you're concerned about how the church will react then you should just follow their guidelines but you really need to get rid of the wife. An unstable wife like that can cause you all sorts of problems legally, etc. Next thing you know she'll start hitting you and then threatening to call the cops on you.

2007-01-04 01:30:31 · answer #2 · answered by Joe 2 · 0 0

You can apply for a divorce directly in a court. No need to go through a church.

2007-01-05 05:15:40 · answer #3 · answered by Modest 6 · 0 0

Try to discuss the situation with Ur in-laws in presence of Ur wife, They will definitely sort out u from this situation and then u will live a happy married life.

2007-01-05 05:07:14 · answer #4 · answered by AVANISH JI 5 · 0 0

First of all your case is a tricky one about a wife probably not interested in staying with your family.
Now the issues that you need to consider:
Are you in love with her, do you want to stay with her if she return?
She might want to stay separately with you but not with your family.
Please understand this condition might have been agreed upon before marriage, but she may not be interested or not happy to stay with your family, are you willing to stay with her separately?

You have not provided enough info but I presume may be when you went abroad some event might have taken place in your family that has forced her to go back to her parents, please investigate before making any move.
We all have to put efforts to make marriage work before thinking of divorce.
In case you need more help please feel free to send email with details to counsellor at nischai_org@yahoo.co.in we are here to help you.

2007-01-04 03:42:28 · answer #5 · answered by Anonymous · 0 0

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2016-10-29 23:34:09 · answer #6 · answered by ? 4 · 0 0

Have you talked to her family? Priest? or a psychiatrist? Do all of those things before you do anything.

2007-01-04 01:40:09 · answer #7 · answered by kitkat 7 · 0 0

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