Divorce
Reshabh
(Querist) 30 March 2017
This query is : Resolved
I am in a deep trouble.
I have been married in December 2012. My wife was very rude to me and my family since the day we were married. She went to her maternal home the day after marriage and didn’t even communicate to me in harmony, and abused me when I tried to stop her. After few days she didn’t came back and I went to her maternal home to take her back to my home. She used insulting words for me in front of her family, then she came back with me. After that she didn’t use to behave good at home with my parents and me. She used to stay in room and we had to serve her food in her room for a month. She refused to cook food for me and my family.
She got pregnant and I took her to make her feel good at different tourist places to make her feel happy. And whenever she used to cook food she used to make loads of food at once and throw the rest of food next day whenever she used to cook food.
After some days she asked me to leave my parents and move with her to her home town, then I refused as my parents were old and they need my care. But she didn’t listen and went to her home town without letting us know with her sister and brother who came to pick her and didn’t even asked anything, without any communication. After some days I got a call from police and got that she filed a case against me for false allegations of IPC 498A, domestic violence, dowry, child miscarriage IPC 319, without any proofs. As she had no proofs against me or my family Trial court gave decision that her case is false, now they have appealed in Session Court for domestic violence. I tried to ask for compromise and divorce but she is not ready to give divorce and is demanding half of my parent’s house, and alimony for child.
I am ready to give everything but she is still not ready to give divorce to me. We have been separated from 3 years just after 6 months of marriage.
Adv. Yogen Kakade
(Expert) 31 March 2017
Sir,
If you want to file a divorce, then you have to collect proper evidences which justifies your grounds for divorce. The merits in the earlier case can be used by you in such case. But I could not understand, after making such serious allegations of 498a, 313, 319 etc., why did she just went for appeal for the dv case? The details of the case need to be seen before suggesting you the best possible way. But in case of the appeal, you have to defend strongly.
Dr J C Vashista
(Expert) 01 April 2017
Well advised by expert Sh. Yogen Kakade, I agree.
To add to above, in the circumstances stated by you, why did you condone her cruelty towards yourself and your parents since the year 2012 ?
For rebuttal of the allegation of miscarriage did you get the pregnancy check up when she left your company? If miscarriage has already been there, where was the question of delivery of baby for alimony/maintenance of the child?
The claim of your wife over self-acquired property of your parents is not maintainable.
Discuss with your lawyer, who is intelligent enough and better informed (than the experts on this site) qua facts & circumstances of the case and laws applicable on the issues.
Rajendra K Goyal
(Expert) 01 April 2017
Oppose the appeal against you on merits.
It seems the relation can not be revived.
File case of divorce.
Kumar Doab
(Expert) 01 April 2017
You have posted that:
“I tried to ask for compromise and divorce but she is not ready to give divorce and is demanding half of my parent’s house, and alimony for child.
I am ready to give everything but she is still not ready to give divorce to me. We have been separated from 3 years just after 6 months of marriage.”
She has made her demand known to you and you are willing to fulfill her demands.
MCD can be recourse.
Agreed with experts.
Spend quality time with whole case file, containing all docs on record, with a senior counsel specializing in Family matters, for a considered opinion.
