Rav's (lead) 08 August 2011

How to apply for divorce in my case

I was in USA from 2004 and got married in 2008 .In 2009 i was blessed with the baby girl and she is as american citizen.In 2010 i had to return to india on visa issue .

My trouble started after i returned to india my wife and there family started behaving differently ,they neglected me in all matters had to return the some dowry amount to make them silent too.she and there family started insulting me and my family members when ever they get a chance.Seeing all this i tried second time for visa and that too was rejected so started working in india only.One day i talked to my uncle why he was creating sorts of issues to me.

He thought i will be in USA for ever so he had given the gal and now after the marriage in 2 years you had returned to india and there relatives started asking about the issue and the the amount of dowry he gave,If you wan't to just stay in india why the hell i need to give so much dowry .

He want me to stay in US only and for my fate the visa is rejected for the second time ,no way i can go for US for next 2-3 years.My uncle started commanding on me like taking all the money in my wife account close to 12 Lakhs(my hard earned money) ,they informed they had bought property on my wife name when i ask for documents they are not showing and say don't you belive us .Just 4 days before my baby's first birthday my wife was at his home town i went to take her to my home and planned for big party as it was my baby first birthday.She refused to come and her father also did not send her,had to send my father and convince to get my wife to my home.

Immediately after the function my uncle started calling to send my wife to there home i totally ignored and one day he came and there was big argument between me and my uncle even my neighbours tried to convince them but it is no use , she left with her father.it's almost 3 months now and she is not returning.

I am totally neglected now by them and so planning to get divorce ,I have my parents who are old and they need to be taken care.My baby is with my wife now and i can't go back my uncle house to see her also .I am ready to pay all the dowry what they had given during the marriage i know court will not allow baby to stay with me as she is 15 months old .

My parents are dependends on me how much maintance i need to give for my wife if i get divorce and how many days i need to give.I earn 85 K per month after tax.she is also of same qualification of mine but she don't wanna work as her parents are well settled.At what age i can get my baby back from my wife.

I am planning to go to file divorce now ? any suggestions on how to procced.

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6 Replies

ajay sethi (lawyer) 08 August 2011

instead of divorce make an application for restitution of conjugal rights . if your wife agrees to ocme back well and good . if not then only sue fro divorce

Rav's (lead) 08 August 2011

Thanks for the reply ..if i go the way you say .......what will happen if she keeps case on me and my parents with domestic violence act ?if she comesto my home there is no isue if they go aggressively what will my situation be ? what options i will be left with .

(Guest)

their focus shifted to money... its gone now... stay calm and try to get whats in their mind... give them or cut off... give your wife a job or business with her dowry funds... its good for you to start afresh... this generationl focus on money is more important than divorce, living alone or dont mind even being labelled bad... its not your fault... friends are not eternal...

vivek (student) 09 August 2011

Hi..

Although restitution is the primary advice, i think you already have made reasonable attempts for that. In case your spouse ceases to reside with you without any sufficient reason, you can file for divorce for desertion but it has to be for more than 2 years. So it wont be applicable to you.

However, if you wish to apply for divorce you can do that on the ground of cruelty on part of your wife primarily and also by her parents since you have mentioned that they have been abusing you and your parents thus causing you mental agony and detoriorating your image. I think this provision would be applicable in your case.

Your place of stay does not matter. The wife has an obligation to stay wherever you stay. The baby would however be under the care of the mother because it is an infant and why do you mention about dowry?? its immaterial and moreover illegal.

Maintenance would be decided by the court it may be reduced if you place the circumstances before the court.

Reply with your comments on the opinion.