Divorce on mutual consent and affidavit

Querist : Anonymous (Querist) 21 July 2017 This query is : Resolved
We got married on 18th Jan 2017 at Ahmedabad and my wife wanted to go to see her parents and said that she is home sick and could not wait more. She is from Nashik and her brother came to pick her up on 2nd April 2017. There was no fight/disagreement/anything unusual.

After going there, my in-laws called me on 21st April 2017 that they are not willing to send my wife back and want to end the marriage because she cannot adjust with us anymore. She did not tell me anything when she was here.

I went to Nashik with my sister the very next day on 22nd April 2017 and called them to talk about what is the matter and I wish to resolve all the issues. They at first refused to talk or meet, but then we held a meeting. Things did not work out and she and my in-laws unanimously told that they are not willing to continue the marriage. I felt like I am being forced to leave the marriage.

They told that she is unhappy because she had to be home all the time, my mom has spoken harsh words on her and she has to do all the household work along with my mom (We never had a maid).

Now, all her clothes and educational certificates are with us with they are demanding along with the gifts that they have given to me or my family during the ceremony.

1. I just want to know do we have to file an affidavit that no one will file any case against each other and we are returning all the belongings to her before the MCD decree or should all the belongings be given at the time of MCD?

2. Suppose we notarise an affidavit and mention that no one will file any case against each other, then can she file a false case of suppose 498A, domestic violence, etc. after getting all her belongings? Because there is no trust or we cannot understand their intentions. What happens after that and will the affidavit have any value in the false case? Can I be secured against false cases by this agreement or she will have all the rights to do anything and the value of this agreement will be disregarded in the eyes of law?

3. Can affidavit be filed at Nashik instead of Ahmedabad, because my in-laws are saying that she will not travel to Ahmedabad anytime.

4. What is more secure, MoU or Affidavit or MOC?

Thank you in advance for your advice!

Regards,
A needy person

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Rajendra K Goyal (Expert) 22 July 2017
No reply to query from an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

P. Venu (Expert) 22 July 2017
You can go for divorce by mutual consent.

R.K Nanda (Expert) 22 July 2017
no reply to anonymous query.

Guest (Expert) 22 July 2017
Any Divorce or MCD to be filed in Court after completion of one year of marriage and only the Court Divorce would be legally Valid..Any thing out of court will carry No Legal Value.