Totally Depressed (Cashier) 15 May 2015

Need suggestion

Good Morning all,

I have post my queries earlier on this site. I have a problem with my wife; she is short temper and not living with me. We married before 8 months and last 03 months we living separate. We held two meeting in home but no solution came from it. So she gives application in Lady counseling center. I am going there

Counselor asks question about myself that why I should leave my rented room and wife, and live with my parents also.

I tell them that my old aged parents have only me as son, no one care of them after myself. So I am living with them in my hometown. Wife lives in workplace as well as her parental area. She lives in rented room separately with her marriage gifts. She doing job.

She says that if i came to with her then she living with me in workplace and not live in my hometown. and if she living with in my hometown she give condition which mentioned below:

Her Tiffin ready at 07:00am
She will not doing any work at home
Whenever her will she goes to her parental home.
She doesn’t want any physical relation between us.

I say "No".

now she want return her gifted items like Gold Chain, Gold Ring, Sofa set which her parents give in marriage ceremony and not living with me neither give me divorce.

Now today, she ready for Divorce by mutual consent.

Now I want ask some questions:

Can any affidavit written on 100/- rs. Stamp paper before Counselor and Advocate of Lady Counseling Center is valid for separation?
Can I returns her gifted items or not, until she ready to give mutual consent divorce. If I return her gifted items, she will be free and not care about give divorce.
If she ready for Mutual consent divorce then, I am handover her all gifted items on the time of get divorce decree isn’t right?
What provisions written on Affidavit?
If her turnout about divorce after getting her all gifting items, then this affidavit can help on contested divorce?

I don’t trust on my Wife and her behavior, whenever its change.

Please guidance.

Reply Follow

8 Replies

Ritwik (IT) 15 May 2015

If both of you are agreed upon to go for mutually consented divorce, there is a porper procedure for that. All the conditions, including whcih artilces are to be returned must be written properly in a MOU. Better engage a local lawyer who is prudent and efficient to execute the MCD you have opted for. Please don't act in haste, you may lead to problems.

Totally Depressed (Cashier) 15 May 2015

Thank you very much sir,

The Mediator and Advocate of Women cell, pressurise me to return all article including gold ring and gold chain on the time of written affidavit.

MCD petition will be file after 05 monts.

I told them that i will return all articles on the time of get final decree of divorce.

because if i am returns all her articles on the time of affidavit then after 05 monts or 10 months she will declined the divorce, as i know her behaviour.

So, isnt right that i will do?

Adv k . mahesh (advocate) 15 May 2015

thus your marriage completed one year

do not return the articles right now or afte 5 months tell them that all has to be gathered or some reason whcih you are convienent to answer because in your words that she may not return

so start the process right now draft all the points what you think wise and show it to your lawyer and send it to her also and to this process it will take some time and after one year file the petition for mcd and in second motion only hand over all the articles and also mention inthe petition that you will handover all the articles on second motion which falls after six months of first petition is filed

Totally Depressed (Cashier) 15 May 2015

Thank you sir,

can she file any police complaint for return her articles befor getting divorce decree?

saravanan s (legal advisor) 15 May 2015

the mediator cant force you to follow what he/she dictates.dont return anything now.draft an mou with the help of lawyer and mention that everything will be returned at the time of second motion (ie)before the final decree is pronounced and that will happen in the presence of judge or else you wont have any proof and another thing is if you return valuables even before filing petition as the mediator told she might withdraw her petition anytime before second motion and the mou case might get dismissed and she might put false cases on you like sec 406 ipc

nikhil singh (Advocate) 15 May 2015

Enter into a settlement deed. Return her all stridhanand gifts tiem because she will not sign on any settlement deed unless you return her articles. By this you can save yourself and your aged paretns from dowry harassment. Then file a mutual divorce petition and if she does not file a mutual divorce petition, then file a divorce petition on the ground of crulety and marked the settlement deed as annexure.

For further assistance fell free to contact on
Nikhil Singh
Advocate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in
+917838078186, +919352444446

Laxmi Kant Joshi (Advocate ) 16 May 2015

Returned all her stridhan to her and take receiving from her duly signed from her, counsellor and witnesses on the settlement paper so she can not file 406ipc against you and also cannot harass you in dowry cases, after completion of one year of your marriage you can move for your mcd .

Totally Depressed (Cashier) 18 May 2015

Thank you all, for your valuable suggestions,

I have mention a point here that, I can't trust on her and her relatives because many times i realize that they lied me on severe issues and then turn whenever they want. Her behaviour depend on her mood as i know when we living together.

So, If I returns all Shridhan, then she will free to tolerate me.