Vivek (Clerk) 25 October 2014

Contested divorce by husband

After one year of marriage my wife left my house and went away. It has been more than 5 months since she has left. Below are the turn of events that occurred since then. Please guide me if I am in the right path.

1. After leaving my house, her father started visiting my relatives' houses and made statements like he will get me jailed etc.Another important thing is her elder sister is also separated from her husband and staying with her parents. If I contact her husband will it be of any help to fight the case together on these two sisters.

2. I requested over call to her father and her to come back.(Have recorded the conversation), but she demanded a separate house away from my parents with false allegations against my parents. (Have a mail evidence for her claims ).

3.She had messaged me stating that I am getting married again and that she will be leaving me.

4. Last month I went and approached Mahila Sahayavani and gave a complaint. Also approached police station in my jurisdiction and gave a complaint about their false allegations and threats to me.

5. Later in presence of all elders a mediation was held, she did not accept to stay, took back her clothes and certificates. (I took photographs of her breaking the cupboard, packing her cloths and took a written statement from her with two witness).

6. At counselling in Mahila Sahayavani, she started to make all false allegations against my parents and me.

7. She was called at police station for the complaint I had given, there she started demanding to take back her jewels and Inspector told that only through court she can take back and they cannot help. Later they closed the complaint filed by me since Mahila sahayavani is already dealing with it.

8.Since she was demanding for her leftover cloths I kept it in front of their house and took a photograph of the same(Is this a wrong move?)

9.Mahila sahayavani is just dragging the case rather than giving any suggestion/advice.

Now at which stage should I tell I am not willing to live with her but need divorce.When can I file for divorce,

is contested divorce a right method.Are the above mentioned proofs sufficient to prove cruelty

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2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 October 2014

Dear,

1. Better contest your case on merits, but yes her husband can be of help to you.

2. That will be helpful for you, if you file a case for Restitution. But since you are not ready to live with her, file a divorce petition mentioning that she is a threat to your life and its not feasible to live with her any more.

Adv Kapil CHandna

9899011450

Tajobsindia (Senior Partner ) 25 October 2014

@ Author,

1. No.

2. If it helps in maintaining status quo (harmony) then one can opt for separate residence near to parents home and equally divide time.

3. Without divorce she cannot and if she then encourage her to speak more about her second marriage and find out from her date of wedding etc. which one can use later.

4. Take signed - stamped True copy of your complaints from them.

5. Hope the statement contains mention of her taking all her belongings as well as list of them?.

6. That is common to say by one or either party.

7. Police is wrong, if a wife demands her stridhan back then they ought to have helped - assisted her in recovering the same instead of deflecting her legitimate demands to Court. If Women Cell is looking after the matter then your matter is rightly passed on to them. Seek their intervention for early disposal either way.

8. Leaving her belongings at her doorstep and taking pic does not help you later. Instead you should have taken all her belonging to Women’s Cell with a list and sought help of the Women Cell to call wife there and take receiving of the same.

9. It is good they are delaying with the matter.

10. You can file for divorce right now. You need to contact an advocate locally and after due diligence and briefing him of your facts seek opinion and applicable section in personal Law and give direction to file case for divorce.

11. Contested divorce takes case to delays and years to adjudicate. All your facts points to breakup of marriage and not very interesting quality of evidences for 'cruelty' based ground for divorce. Nevertheless you may seek local opinion and try your hand in seeking divorce under cruelty grounds.

11.1 before para 11 do spend time in reading last 300 messages (discussions) in this very forum on family law questions and understanding what is coming ahead and then make a call yourself on going ahead for divorce or wait and watch what Women's Cell does with complaints or even wait what wife's side or how she next acts.

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