Need advice on divorce of recently married


 

Hello Experts,

I got Married in April'12 and it was an arrange marriage against a website ad. My wife lived at my home with me for 4-5 days. During those days she had daily fight with my parents on very small small issues like "not wearing Sari, Pallu (hindi word), morning pooja etc etc". I tried many times to explain that its only for few days then you dont have to do this all. I am working out so You will be with me. But it didn’t work. Later we together came to my work location. we lived there for 6 months and then she alone went back to my place for Diwali. The same episode started again and now her parents also got involved. Both the parents had serious argument on customs and upbringings. she lived there for 10-15 days and went back to her parents and she is there till date.

Now situation is that she is forcing me to get separated from my parents and she is not ready to go back to my place. I am also fed up with this attitude and cant leave my parents. In between I got to know that there were many things fake in her profile posted on that ad (like education and DOB…etc). We are having daily fights on phone and its not bearable

Can I file a case of divorce? or I have to wait for 1 yr as divorce can only be filed after 1 year??

Under which head I can file a case ?? like mental harassment or what?

I am worried and infect sure that they will file a case of dowry and violence so how strong their case will be because that is not truth and she lived only 15-20 days at my place and she is not willing to come back. She is ready to come to me but on her terms.

Will my parents can get arrested if she files a case?

or any thing I can do to safeguard myself and my parents before filing divorce ??

 

please help..

 
Reply   
 
Worker

no huge issue is involved in ur situation.


sort out the problem decent & calm way.


changing the wife is not the solution.


both husband & wife have to make some or other adjustments.


Total likes : 1 times

 
Reply   
 


Advocate/Attorney

 

You have not given the details of your religion.  By uttering the words Palu, pooja etc I can understand that you might be Hindu only.  Your issue comes under Hindu marriage Act. 

 First of all you have to decide whether you want to stay with your parents or you want to go with your wife. 

 If you want to live with your parents, you can file a petition for divorce under the grounds of cruelty and desertion.  As soon as you file the case, she may file cases as vengeance. She can file cases under section 498-A, dowry act, dv act etc against you and your parents and family members.  Though you are innocent, you have to face the problem of arrest of yourself and your parents.  Due to old age, your parents will get bail easily.  In the end you will win the case but as of now you have to face the embarrassing situation. 

 If you want to go with you wife, then there will not be any problem as you can live separately.  In this case you can arrange maintenance to your age old parents.  The problem will be solved to some extent. 

 

Regarding wrong information in the profile, you cannot take any action against her.  Once you marry her you cannot raise that question.  You have to enquire before marriage only.  You have to wait one year for filing divorce petition. 


Total likes : 1 times

 
Reply   
 
Consultant

God blessed this world with marriage and human beings with divorce!!!!

 

As per my understanding, you don’t have a valid reason to say that you need divorce. It’s a common problem in today’s society that wife does NOT want to live with their husband and in-laws (especially) whereas in live-in relationship, she wants a big family. You should be happy that at least your wife wants to live with you... :-)

 

If you are going to give the gift of divorce to your wife, she will give you the return gift of Domestic Violence and 498a; which will keep you happy & involved in court cases for 2-3 years. Don’t worry; in both of these cases, your family does NOT have to go to jail until and unless you are available in India.

Though, in domestic violence case, your parents would NOT be affected as she lived in her matrimonial home for for a short-while (10-15 days) but YOU'LL. So, if she is living with her parents’ house then make sure to give her a call daily and have call details and conversations recorded. Keep your head cool to avoid any kind of further problem for your family and yourself. Divorce is a lengthy and time taking procedure and believes me you don't have to go for it until and unless your wife gives it to you.

 

Give sometime to this relationship to understand each other. I am not saying to leave your parents but to let her know, what she is asking for! May be you want to give a shot by started living in your wife’s house for couple of months and letting her parents know, what does their daughter do actually by doing the same at their home…. :-)

 

If nothing works out then ask her for Mutual Consent Divorce (MCD) not divorce. In India 'divorce' is time taking procedure whereas MCD is fast and almost least expensive (only for boys); you’ve to go only three times to court. MCD cannot be asked before completion of 1 year of marriage. So, till that time, enjoy your in-law house!

 

Mango

 

P.S. - Time hai abhi ghar ko banaa leee, dusaari lekar aayega to haal isse bhi bura kareegi.



Total likes : 2 times

 
Reply   
 

@ Mango. Very decent advice and sensible too.

Total likes : 1 times

 
Reply   
 
www.Mehnat.IN

The critical questions here are

1) Was she was affectionate towards you in the six months when she lived with you away from your parents?

2) Is she now ready to join you in that place (the town where you work and where you lived with her for six months)?

If the answer is 'no' to any of these questions then you have a problem which needs to be solved. If the answer is 'no' to both of these questions then you need to take defensive action as soon as you can.

www.mehnat.in


Total likes : 1 times

 
Reply   
 
Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

Dear Manu, Try to sort out all small issues. Understanding between both of you is basic and foremost thing. If this doesn't work then go for divorce. You have very good ground of divorce. about cheating and fraud with respect to education & age etc., But despite that my opinion would be don't act in haste. Try to forgive and forget. Be positive and try to live happily. you can call RAJIV BHASIN ADVOCATE 9811210505 / 9868635640 bhasin.laws@yahoo.com

Total likes : 1 times

 
Reply   
 

 

Thanks to all of you for your valuable comments and I am really happy to read all your suggestions on personal front also. Really divorce is not a solution and Believe me friends I want to save this relationship and doing lot of compromise just to save it. The problem is that due to past misunderstandings whenever I and my wife are having any kind of argument it gets passed on to her parents and siblings thru her. And they straight away call my parents and say whatever they want, this has happened quite a lot times. 

As I said earlier she is away from me and my parents since November last and living with her parents, she is under strong influence of her parents and siblings and I am afraid that any day these small arguments can take a big shape.

I asked her to come to me and told her that you won’t need to go to my parent’s house ever on this also one day her brother called me that why I am saying this and she will go and will go with you only.

In short they want to do whatever they want on their terms.

It’s really very hard to behave like a slave and allow them to misbehave with my parents in front of me. During her visit to my place for 10-15 days she never followed any custom and never went to kitchen. My mother and sister served the food to her bedroom. Her argument was that she never cooked in her life and she can’t cook for 4-5 people and asking my mom to have a maid.

There are many things; you all will get bored if I will tell you each and every thing.

All I want to safeguard my poor parents from any false blames from their side.

In my poor thoughts was thinking of filing of divorce case first so that if they counter back with dowry and DV, I can say that its false and its only a revenge cos i filled a case. I was thinking that court will consider that. But after all your comments I thing I was wrong.

 

Please advise me any way by which I can ensure no harm to my parents and family if they file any false case in near future. I am ready to face anything but just want to keep my family away from this mess.

 
Reply   
 
www.Mehnat.IN

You have not answered my questions. It is difficult to give advice without these answers.

False Accusations by Wife

 
Reply   
 

 

 

Hello Manish Ji,

 

Answers are as below:

 

1) Was she affectionate towards you in the six months when she lived with you away from your parents?

Yes. With me she dont have any problem becos I have servant and maid for all house hold works at my work location, good flat and all facilities. she love to be at home and enjoy TV and internet.

 

2) Is she now ready to join you in that place (the town where you work and where you lived with her for six months)?

Yes as I explained to you above. Not sure its affection or what?

 

but she don’t want my parents to visit my place and said clearly that she don’t want to go to my parents place cos der she might have to cook and show some respect and wear Indian cloths. she also tells about my financial to her parents and how much money I spend on my parents.

Her elder siblings call me and innocently tell me to save more and not to spend on my parents. And when i ask her why she discusses all this to her parents it become and argument and I have to hear that she has equal rights on my income.

 

Its become mental pain for me still m trying n trying.

 

I hope i answered your questions

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu