Anuj 22 March 2017

Need advice on divorce case filled by wife's relative

Hello,

my marrige is arrange cum love. My wife’s family is not happy for this marriage from the beginning. my wife separated in last September and filled divorce case in last December and i filled section 9 during same time. She filled all wrong allegations in divorce petition and I have enough proof to prove this.

In last two months we undergone two session of mediation. After 1st mediation session my wife texted me through what’s app then we met outside. We lived life like a couple over the phone. One day her family knew that my wife is in touch with me, so they took her mobile and broke the sim cards and they changed her number.. After few days she took new number and sent me message. Then one more time we started conversation. Once again her family caught her while she was talking with me. Now, she stopped contact with me. Meditator did one to one counselling of my self, my wife, and both parents. And he told her family especially her mother doesn’t want her come back with you and they are doing emotional pressure. I have following questions…

If I prove in court that my wife’s family doesn’t want her come back with me than court will take any necessary action on my wife’s family especially on her mother. ?
Due to some pressure if my wife will not ready to join me and I will not ready for divorce than what court will take action?

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8 Replies

(Guest)

Well,... if couples don't have children, courts usually grant divorce to girl regardless of merits of case. But if man asks they usually don't unless cruelty is proven. Your case seems to be different. If you can convince court that your wife wants to be with you but her mother is playing spoilsport, you might prevent divorce. I wish you the best.

(Guest)

Now she want new parrot.

A walk alone (-) 23 March 2017

1)think with a cool mind, your wife is adult enough , she is not child who do whatever her mother or family say. How can you prove that she is doing all this in pressure? She is only making you emotional fool. If she really love you, care you then why she file divorce? Divorce is big decision of life she can't take this decision in any pressure. 2) she has file divorce case. If you fight case without proving her allegations she won't get divorce. 3) you can waste your life as much as you want on her. Remember time never come back.4) family matter can never solve in court.

Anuj 23 March 2017

@A walk alone. Thanks for the response and advice. I thought many times and took decision to fight in court to bring her back. I have her phone recording and in that she has mentioned that her family broke her SIM card because they knew she is in my contact this incident is after divorce case. Even in what's app message she confessed that her family is not allowing her to stay with me that's why she doesn’t want to come back. Even in call she confessed she filled wrong case on me and she told that she is ready to tell about wrong case in court.

in front of meditator she confessed that she filled wrong case on me.

if i show all this allegation and still my wife refuse to stay with me than what decision would be taken by court?

Will court take any action against my wife’s family?

Anuj 23 March 2017

@Ramesh... thanks for the response... i had put my strong answer with evidence against wrong allegation.

Dr J C Vashista (Advocate) 24 March 2017

Just discuss with your wife directly to find out ways to resettle in your matrimonial life despite interference of her mother.

Your wife has to be bold enough to tell her mother "not to interfer" in her married life.

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Anuj 24 March 2017

Dr. thanks for the response. her family is not allowing to discuss anything. even in court her family members are coming and not allowing her to speak with me. i want to know what court will do in this situation?

rajeev sharma (Advocate Ex senior manager law ) 24 March 2017

Fact is that your wife has filed a divorce petition. She is an adult person and she has to choose between her parents and her husband that is you. If she cannot decide and you do not want to divorce then contest all her allegations in diverse petition. You may win the case but will loose a long period of life. she may go on filing appeal/s and may every time say that it was done under the pressure of parents. None of your evidence of any use if she says in court that she does not want to live with you. So stop acting as emotional fool. If your wife really wants to live with you talk straight that she will have to quit her parents, appear in court and will have to file an affidavit that she wants to live with you and ask her to confirm it in oral statement also. If she does not want to do this proceed for a consented divorce fix a suitable one time alimony pay that and be happy through out future life.