She leave my home since 5 months . i need divorce
Prakash123
(Querist) 28 December 2011
This query is : Resolved
I was married on 8 Feb 2011 & On 20 July 11, I got my marriage certificate. After that some normal quarrels happened and on next day morning my wife doesn't responds for any question to me and my family. She only said that she will not live with my family. I beg her lots but all worthless. Well.... She is ready to live with me only not with my parents else she wants divorce.
Then I replied as usual that I will not leave my parents as they are aged and suffered with various diseases. Then she told me drop her at her father’s home.(In Pune). I replied that I will not drop you & will not allow traveling you alone. Ask your father to come and bring you.
As a result her father came and after lot arguments & quarrels they told if she doesn’t match with your family, he will get her back to their home. I asked her once not to go, but she denied leaving with my parents. Then her father asks her to bring her bags. Then he asked us the Golden chain (Given at marriage time). Then my father got angry & said that they will give it at the time of next meeting in presence of relatives & will talk on transaction made at marriage time. But he got angry and threatened us. Finally my father gave him a Golden chain (5 tola chain + 5 gram ring + 3 gram ear ring all worth 1.5 lakh) and said now we also not wish to keep your daughter at our home. I will signed blank paper that I will not trouble you any way (Just tolerate not did).
Now 5 months passed to that incident. She is with her father’s home. In between her father realized that I'm not taking imitative so send some mediators and also call to me any say " Either resolved issue by accepting my daughter (without condition) or ready to separate (just to afraid us )". But we replied with calm them our mentality not well. We can't say anything now. Then they are threaded us that will do something bad which will ruin me forever. We will forcefully enter his daughter into my flat. Will come to my work location and will make kiosk or something wrong.
In between me, father & mother was self-harassed a lot. But all of our family relatives are with us and ready for divorce.
1. What should I have take action if she forcefully try to enter his daughter in my house? I don't want this relation any more. And one can guess that, we have not called each other not a single time. She is also not interested in this relationship any more. Now she is agreed to come to my home without any condition but under her parent’s pressure.
2. If I send any notice to her to avoid any forcefully entrance. Should it be considered as I am asking for divorce and I have to pay all expenses back to them + compensation till she got job?
3. I am expecting that as we separated from 21 July 2011, If both parties anyhow become ready and try to file a Separation on around 15 Feb 2010 (after completion of 1 year to my marriage on 8 feb 2012). How will it go?
4. On any extent I will not want her in my life and not wish to pay her any single rupee as she herself leaves my house on her parent suggestion. She is BE (Electronics). But not able to find job due to her arrogant nature and Lack of Knowledge.
5. Should I filed any Suit against her that she should not enter my house as she left my house since 5 months
6. Plus She has one elder brother to be marrying (looking for girl), so I guess her Father should become desperate to break this as soon as possible (it’s my guess) and marry her soon.
7. I’m looking for Mutual Consent …. then can file Separation suit after 8 feb 2012. That’s why I ‘m not dare to send any legal Notice(RCR) which will defiantly include our separation date as 21 July 2011 and I have to wait another 6 month (July 2012 )to file separation suit….. and again wait for 6 month after July 2012.
8. I have not filed any suit / RCR notice against her. And they also not on me. If I send RCR to call back her she will happily enter in my house.
9. They are already trying to enter my wife into my home by sending lots of relatives to convince us. By this are they collecting proof that girl is trying to enter in house and we are not allowing her to do so. 9. Is it possible to avoid permanent alimony and prefer onetime maintenance?
I can pre-assume one of your suggestions that “Try to resolve the problems amicably”. But things are gone beyond that & minds are broken and it would possibility cause of suicide from me and my parents, if she came in my house I can’t stay with her in any situation. Not at all
I have little fear about 498-a of I.P.C and it will trouble my job. As I’m only breadwinner in my family now with 10 Lakh home loan on my Head
a. Our society watchman is the proof of her leaving of house on 21 July 11.
b. On 15 Aug 11, we called her maternal uncle that my wife left my house on 21 July 11. I have recorded that call too.
c. On 12 Dec 11, I have recorded call of the threading & convincing me by her parents.
Devajyoti Barman
(Expert) 28 December 2011
If you do not want this relation then divo is the only option which is possible only if the courts grants liberty as 1 year has not elapsed from the date of separation.
If you do not want any matrimonial proceeding then you could file a suit for declaration and injunction against her forceful entry though I would suggest you to resolve the dispute amicably.
Prakash123
(Querist) 28 December 2011
Can I prevent her to entering my house?
As per my guess her father would waiting for her to get her nice job. and later will try to forcefully entry in my house.
But her job will be benificial for me to deny her any maintanance.
Deepak Nair
(Expert) 28 December 2011
Since you are not interested in amicable settlement, it is better to get a divorce through proper channel.
There are no legal way to escape from court proceedings. You have to wait for the time as provided by the law. Because, i don't find a convicing ground so that the court can give you special liberty as said by Mr. Barman.
R.Ramachandran
(Expert) 28 December 2011
Dear Mr. Prakash,
If she comes back to your home, you will not be able to resist her coming. After all, till such time divorce takes place, she is your wife and your place is her matrimonial home. Any resistance from your end on this score may lead to a charge of domestic violence. Better tread cautionsly.
Prakash123
(Querist) 28 December 2011
She has always refused for Physical / Sexcual realtion with me. Can it be quite enough ground to ask divorce ?
As well as Proof of her leaving home are:
a. Our society watchman is the proof of her leaving of house on 21 July 11.
b. On 15 Aug 11, we called her maternal uncle that my wife left my house on 21 July 11. I have recorded that call too.
c. On 12 Dec 11, I have recorded call of the threading & convincing me by her parents.
prabhakar singh
(Expert) 28 December 2011
You need statutory wait,just now you can not move for any divorce.
N.K.Assumi
(Expert) 28 December 2011
I am of the view that Indian society has become a sick society, only because of the facts that two persons are joined together without having an opportunity to get to know each other before marriage, that is arranged marriage. Better stop arrange marriage and go for Love marriage..
Deepak Nair
(Expert) 28 December 2011
Dear NK Assumi,
Being a lawyer who have handled a number of divorce cases in Mumbai, i can say authentically that, majority of the divorces are of love marriages. Among the divorce cases that I have handled, around 70% were love marriages.
I still believe that arranged marriage is far better than love marriage. But it is true that there are exceptional cases. I dont want to say that love marriages are bad. But i will support arrange marriages more.
Sudhir Kumar, Advocate
(Expert) 28 December 2011
You said “I have little fear about 498-a of I.P.C and it will trouble my job. As I'm only breadwinner in my family now with 10 Lakh home loan on my Head“ This fear should not be little. If she really does this (for which you have paved way) your family will neither need the house nor the bread earned by you. It will be provided free by Govt.
If she enters forcefully you can do nothing. She can live their alone peacefully after having your entire family in Jail. Whatsoever qualification she has and whatsoever be the reasons for not gettingthe job can you deny that she has no income. You own description says that your father is foulmouthed and it is justified for her to avoid living with parents. No law can compel a wife to live with husband’s parents. The whole conduct of your family as described by you is sufficient to infer that you are absolutely arrogant family, proudy enough and not willing to bend. You said “extent I will not want her in my life and not wish to pay her any single rupee as she herself leaves my house on her parent suggestion” sorry you cannot have the things the way you want. Law does not operate on your fancies either you accept her back or be ready for lifelong maintenance (even out of the petty job you can get after coming from Jail). You do not seem to be worried as where you will keep your parents if the house is taken by the financial company once your family is unable to pay loan (after loosing job if in Private and after suspension if in Govt).
Prakash123
(Querist) 28 December 2011
Hi Mr Sudhir Kumar ,
Please Kindly notice that the sentence " I will signed blank paper that I will not trouble you any way (Just tolerate not did)" was said by her father not by my father. We are very decent familly .
If we have any pre assume intention to do all these scenario why would I registered my marriage on 20 july 11. She is so mad girl that she left my house on next of marriage registration. I beg her not to do this becoz my USA visa interview has been scheduled on next month. Which obeviously rejected due to my affected condion.
Deepak Nair
(Expert) 29 December 2011
Dear Prakash,
Better to consult a lawyer in your locality who will help you to take desired precautions.
Shonee Kapoor
(Expert) 02 January 2012
I agree with Deepak Nair, you are so confused, that you may need a session with an effective lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 02 January 2012
Dear Mr. Prakash,
If she comes back to your home, you will not be able to resist her coming. After all, till such time divorce takes place, she is your wife and your place is her matrimonial home. Any resistance from your end on this score may lead to a charge of domestic violence. Better tread cautionsly.
Dear NK Assumi,
Being a lawyer who have handled a number of divorce cases in Mumbai, i can say authentically that, majority of the divorces are of love marriages. Among the divorce cases that I have handled, around 70% were love marriages.
DEEPAK IS 10% CORRECT. "I still believe that arranged marriage is far better than love marriage. But it is true that there are exceptional cases. I dont want to say that love marriages are bad. But i will support arrange marriages more."
Praksh, these earlier advice by expert is correct and agreeable
Now I add:
You cannot compel wife to live with your mother, though i appreciate your view and love for your mother.
it does not amount to cruelty, as she is willing to cohabit with you elsewhere and did not desert you.
So on this ground alone, eeven if uou prove she left matrimonial home, does not help you.
In one case at Vasai, exactly the same matter, I Enclose it's Judgement herewith, Wife even did not appear, and it was proved by all evidence by husband that Wife left on her own. The VASAI COURT [SD] the Court did not grant Divorce, and did not allow Divorce Petition, in 2010 year. husband lost the case, even though not contested by wife. I m for wife, as I am against the Divorce, and want them to settle, with their son.
Prakash123
(Querist) 02 January 2012
Shroff Sir , You just told me that "It does not amount to cruelty, as she is willing to cohabit with you elsewhere"
Sex is man's natural need. If she was not co-operating with me for that Sex. then Where should Husband look for?
Now she might possible deny this by saying she was co-operating in sex. But I'm true on my stand. Thought I don not have any proff what happend inside bedroom.