Keng (professional) 13 January 2012

Request legal advice and guidance

Hello Friends

Our marriage was an "arranged" inter-religion marriage and was registered under Hindu Special Marriage Act in the local court. Our families met by way of newspaper marriage classified advertisement. I was posted in my wife's hometown and after marriage we continued living in the same place.

After a few days of our marriage, my wife started acting very strangely and used to pick up fights over trivial issues, both with me and with my mother. She started going to her father's place at every chance and stopped speaking with my parents, but expected that all house work and her work including getting her clothes washed and ironed by the maid servant, should be managed by my aged parents.

She concieved in this midst and in theseventh month of the pregnancy, she just called her dad to my house and they packed up everything which was hers and some of our articles and left the house without conversing with anybody. I was in my office at that time and I got to know this on returning home in the evening.

When I called her up on the phone, she coolly told me that staying with me was OK, but with my parents in the same house was not possible, for her. After a few months, I was blessed with a daughter and even then she refused to come to my house. Then the next month, my salary account was completely emptied leaving just Rs.2000. It turned out that my wife had stolen a signed cheque leaf (which I leave in the house, for any emergency) and withdrawn Rs. 240000/- and she boldly declared in the bank - that I had gioven her the cheque to get the money, when questioned by the bank officer.

There are too many such incidents and to cut the story short - the status quo

Now for the past three years she is continuing to stay at her father's house along with my daughter. She knows that we are self-respecting people and we will not go to her father's house to re-invite her, for her refusal will be too much of an insult.

I am lost in this predicament. Please advise what are the options open to me for ,

- Legally convincing her and getting my daughter back with me

- Legally separating from her with least harassment to either of us and getting my daughter back with me.

- Prosecuting her for mental harassment and agony and claiming severe damages from her.

I humbly seek your valued guidance.

A troubled husband and a lost father.

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11 Replies

ajay sethi (lawyer) 13 January 2012

since you have been staying separte for more than a year you can apply for divorce . it appears your wife dosent want to stay with you . go and meet her and find out what she wants . if she is agreebale go in for divorceby mutual consent . if she is willing to come back and stay with you it would be best as you have a young daughter .

3 Like

Chaitanya_Lawyer_Mumbai (Lawyer) 13 January 2012

Go for Mutual Consent Divorce(MCD).

Manoj (Sales) 13 January 2012

Need advice can a girl file up a case in case she is residing away from his husband from atleast one year with no contacts to husband and his family, she is not taking care of her daughter. and not ready for settling .

Please advise to safeguard what should i do

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 14 January 2012

Dear Manoj,

you may file case for restitution of conjugal rights and report the police for missing her.
Regards
adv.kamal.grover@gmail.com

Keng (professional) 15 January 2012

Please inform whether I can file a separation case from where I am satying now OR is it necessary to file the case with the tehsildar court where our marriage resgistration under special marriage act was done.

Keng (professional) 15 January 2012

My legally wedded wife has very loose ethics when it comes to money and I fear if my proposal to go for a Mutual Consent Divorce would tempt her to make me give a large lumpsum of money to leave me - also I fear if she will use this to separate me from my daughter as well.. Please advise.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 15 January 2012

YOU ARE GETTING MONEY WHAT ELSE YOU NEED.

Keng (professional) 16 January 2012

Please re-read my question - I am not getting money rather I fear having to part with my money!!!!!!!!!!

Keng (professional) 16 January 2012

Please re-read my question - I am not getting money rather I fear having to part with my money!!!!!!!!!!

S S (teacher) 26 January 2013

Hello sir,

I am S S, MSc,BEd & a higher secondary school teacher( govt aided).. I got married in feb,2012 after 1 year courtship...My husband is a doctor in a govt hospital...both of our parents were against of our marriage..so we started to reside in a rented flat together..initially everything was ok..then i realised that my husband always try to hide things from me and gave wrong information everytime..

oneday,i got one photograph of him with one of his colleagues from our wardrobe..I was very upset and i talked to his colleague over ph and ask him about their relation..that woman quarrelled with me and behaved very rudely...

my husband always supportted her... from then he began to do mental and physical torture each and every day..but i never told this to anybody as i want to live with him & didn't want to break our relation..

from september,2012 my husband always told me to go out of his life and he doesn't want to live with me..then we go for a marriage counsellor for two sittings..that counsellor also clearly told me that, main problem in our relationship is in his nature, he is a bohemian kind of person & he doesn't value the importance of family life or marriage...

Later, he began to do more private practises everyday after hospital duty( though he gets non practising allowances) and did not return home at night also..He hardly spent 2 nights per week with me..

I was really in a bad situation to stay alone in a rented flat day after day.. Thats why, in 30 nov,2012 i came back to my parents home with all my belongings....after that he sent me two registered letter with AD (dated 08/12/.12 & 04/01/13) saying that he wants to live with me and he requested me to go back to him..

in the mean time he has left our rented flat with all furnitures etc & started to reside in his hospital provided accommodation in his workplace..

I went to his workplace on 15/01/2013 to stay with him as his letter says....but then he told me that he doesn't want to stay with me anymore..

He is now trying to prove that I am a psychriatic patient and thats why he wants divorce,,

but i dont want divorce..i want to live with him... i really love him very much...

What should i do ?????????

please help as early as possible..

plsssss help Sir...

Msk-need -nuetral- laws (self) 26 January 2013

Probably you may be over suspicious in nature. Reason, if you see a photo with his colleague why did not you talk to him first, dont you even understand where it leads to directly talking to the other person, what if they are good friends? what kind of photos you had seen to suspect them? Love should be based on mutual understanding.

I think you already lost him; however he cannot easily win in courts if he tended to contest. If he had sent registered letter with AD, if you really love him, go and seek RCR using sec9 through lawyers. See amicable solution speaking frankly to husband than frankly speaking to a third person like laywers who will only screw mostly with bad ideas!!