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ADIL singh (Others)     04 February 2019

DIVORCE

descripttion of facts
1. sir I got married on 20.02.18 arrange marriage n on 21 there was a reception but her parents didn't join as per them as per some jyotsi there presence would hamper our married life.
2. on the next day all guest were in home specially aunties to see her n inspite of knowing she came before them in lower n t shirt. my mother n relatives were angry but I supported her n asked them that she doesn't know how to wear Saree. listening my words she told that " mujhe kissi se Matlab nhi h bs apni pati se h "
3. as per our custom she should go to her home after 7 days but she continuously insisted to visit her house and on 25 Feb her sister n brother came n we departed her.
4. on 27 Feb I went to her home n next day we came to our home.
5. in d mean time our family came to know that there was rumours in area that I have taken 15 lacs cash but my family hv not demanded a single pie instead I have denied for cash n vehicle. so we thought to demand for list of items they have given in front of senior of society so that this rumour should stop.
6. up to 3 march she continuously told " mujhe kissi se Matlab nhi h bs apni pati se h " in front of my parents
7. on 3 march their parents came n they told that they were going to give vehicle in my place of job hearing this my mother told that we doesn't require car just we need list nothing else but a huge drama was there.
8. on the same day we left for honeymoon 15 days tour. inspite of having train from my city to bhubaneshwar on her continuous request I have made tickets to n Fri from her town.
9. we boarded train on 3 march but she start telling she don't want to go I tried n lastly she told to choose between her n my parents. I asked her it was wrong n tried to convinced her.
10. we reached bhubaneshwar n she started drama prior to departure for airport just before 1 hour I cancelled all flight hotel n train tickets her father called me n said my parents are illiterate n I should asked them for apology for their insult n my mother in law, will never come to my home.
11. on same day we returned to home n on same day she left to her home we brought her on 11 march.
after that she tried her best to quarrel bt I don't bt on 23 march she told that "wo majboori mein mujh se shaadi ki h n mujh jaise manushya ke saath nhi reh sakti h " I called her dad n said the same n he told that " use yahan bhej do jab thoda dimaag thik ho jayega tab le jaana " in scenario she told in front of my parents that choose between her or my parents I did as per her . she left.
she switched off her mobile. I grangled her father mother sister even brother bt no one made my talk to her.
12. in mean time I was diagnosed tb and have gone through pleural effusion as soon as I got discharge I went to her house bt she denied after 15 days my family went to her home n her mother said that " hamari ladki us ghar mein nhi jayegi or jo hoga Court se hoga " hearing this it become a fight scene.
13. after that I tried to contact her 100 of calls to her parent's sent emails to her bt no answer. now already 1 year passed what should I do? I just don't want her now as now I have came to know that her dob was 1986 bt they told us 1990 n mine was 1990 .
please suggest me I would be thankful


Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     04 February 2019

If you're not interested in continuing the marriage, file petition for divorce on the ground of creulty, mind it you need to prove her act of creulty that was sufficient to break the marriage, mere daily bickering between the couple is not sufficient for granted divorce to the party by the Family Court. Very long journey to go if you take this step otherwise compromise with her and bring her back to the matrimonial home.

Suhail suhail (LAWYER)     04 February 2019

It appears you have shown a handsome tolerance.It is really sad that just how the marraiges are spoiled and the peacefull life gets smashed. The parants need to guide their Children properly and mostly for women they should show the best comperative degree of patience,as it depends upon them how they lay the foundation of a home.

Learned Advocate Vijay Raj Mahajan  gave you a suggestion that is best, approach to socail bodies and pressurise  her parants to  make her understand the consequiences and cooperate little more till she understands the value of peaceful matrimonail life. However after trying to avoid Divorce till last ,you need to get some solid proofis by way soicail evidance from her neighnour side as well as some written proofs, emails messages etc. for showing mental cruelness.

Even derivation of physical need is a degree of mental agonay ,but the circumstances are weighed by the deciding authority on the basis of evidance.

Wish you peace



 

P. Venu (Advocate)     04 February 2019

The posting suggests a litany of complaints, some real and some, less than so. As suggested, try for getting divorce mutual consent Else, you need to seek divorce on the ground of marital cruelty for which, first of all, you need to seperate the grain from the chaff.

ADIL singh (Others)     04 February 2019

Vijay sir tried to talk with her bt she have changed her no. n her parents are not respon

ADIL singh (Others)     04 February 2019

her parents r saying jo hoga court se hoga

Dr J C Vashista (Advocate)     05 February 2019

I agree with experts, nothing more to add.

Move for divorce through a local prudent lawyer.

ADIL singh (Others)     05 February 2019

thanks sir

mohd mahboob (financial assistant)     17 February 2019

A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. But the execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. The non-compliance of the issued decree results to constructive destruction on the part of the erring spouse. At present as per the provisions available under the Indian personal laws, the aggrieved party move a petition for a decree of divorce after one year from the date of the passing of the decree and the competent court can pass a decree of divorce in favour of the aggrieved party. The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court. But under no circumstances the court can force the erring spouse to consummate marriage. Decree of restitution of conjugal rights could be passed in case of valid marriages only.
 


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