Divorce
vaibhav
(Querist) 14 September 2015
This query is : Resolved
Respected Sir,
Facts of case.
1.Married in 2006 as per HMA
2.lived in joint family till 2013 and then as nuclear
3.both are doctors by profession
4.wife was not interested in marriage as she was career oriented and used to go to her parents house which is round 500 km every 2 months and stay there for 4 to 5 months.
5.this lead to fights between us.
6.by 2007 my sister got married to other community man .
7.with this my wife started harassing me and my family saying we had not disclosed this fact to her ( we our self were not aware of this)
8.things used to get worse whenever my sister used to visit our home to meet my parents.
9.wife aborted 2 times without my consent first when she was at her fathers place and 2nd when her father was operated near our home .
10.in 2009 we had our 1st daughter.we enrolled my wife's name in our town and her mother came up for her delivery at our place .( her parents has un-necessary involvement in our life)
11.her mother started fighting for no cause .and threatened us to file 489a against us . took my wife and flewed back to their village along with my daughter.
12.mean while their daughter in-law committed suicide and my wife and her parents were accused under 498a,306,34 etc.
13.none of my family members nor me visited them as they had threatened us before
14. their case lasted for 3 years and they were not convicted.
15.In 2010 i got her back due to intervention of a middle person of both families
16.we had our 2nd daughter in 2011.
17.but things were same as before .she started fighting ,giving bad word to me and my family and one fine day she even slapped me which in reaction i did the same
18.parents told us to move out of house as the same is self acquired property
19. we moved to a rented flat which is nearby my parents home as our work place is also in the same area( my parents never talked to her or visited our house once we left their house )
20.even after shifting no use ,instead her intensity to fight and disturb my mental peace increased
21.she started threatening me that she will commit suicide and will write mime and my family members name
22.having crossed my threshold i stopped talking to her in month of april 2015 and stayed together just for sake of daughters
23.in august 2015 her parents came at our house and started living with us.
24.with discussion with them her father told me to leave the house and go and stay back with my parents and they will stay with their daughter and will take my daughters care.
25. i strongly objected this. in return my father-in law threatened to file police complaint against me
26. left with no choice i had to leave the house and come back to my parents till i find a new accommodation.
query
1. can they file DVA against me
2. am i liable for maintenance ( interim/permanent ) as my wife is highly educated and earns same as me
3.can i get benefit of the case filed against them as to keep the custody of my daughters
4.can i file divorce pet on points given below.
points to note---
1. have video recording of the discussion between her parents ,her and myself
2. some documents in her own writing from 2006 stating she was not interested in marriage and not happy with same
3 same also contains her giving bad words to me and my family in writing
4. some voice recordings of her saying threat hing she will abort the child
Sudhir Kumar, Advocate
(Expert) 17 September 2015
actually in Indian society it is the parent o the girl who are always wrong and parents of boy are alwasy right.
Your father threw you out of house and you started living happily. You did not like if her parents joined you. Further during their stay they found that your presence is not needed.
THIS DOES NOT HAPPEN SO EASILY.
where you were wrong you have not stated.
How could they be to the limit.
Please note
you never visited or helped her when she was in worst trouble being 498a accused.
please make introspection. Matter doe snot appear to be on dead end.
SAINATH DEVALLA
(Expert) 17 September 2015
The entire family episode is nothing but self made.Things could have been sorted out in the initial stages but made to drift away beyond repair.
Once UR inlaws household had the taste of 498A,I presume there will not be such a torture on UR family.But accept the suggestions of Adv Sudheerji and act wisely and avoid running after courts.
vaibhav
(Querist) 17 September 2015
Thanks for your advice Sirs
but the fact is after tasting 498a by them and not getting convicted that are now in deli ma that they can do anything and get out of same ( as seen from their behavior).also my wife tells me nad my family that they have gone through 498a and now its our turn why should only they suffer ( their mentality)
the worst yest 16-9-15 i went to meet my daughters at at place where now they are staying ( my matrimonial house)my mother in-law as per her habit started quarreling with me and finally came up to beat me.i had to ran from that place.
do you all experts still say these things can be setteled
vaibhav
(Querist) 22 September 2015
sir
please revert with your expert opinion
T. Kalaiselvan, Advocate
(Expert) 25 September 2015
If you feel that it is no more conducive to continue with the married life with her you may decide to proceed legally against her for divorce also.
Sudhir Kumar, Advocate
(Expert) 26 September 2015
1. can they file DVA against me
YES THEY CAN
2. am i liable for maintenance ( interim/permanent ) as my wife is highly educated and earns same as me
YOU ARE LIABLE TO PAY CHILDREN MAINTENANCE
3.can i get benefit of the case filed against them as to keep the custody of my daughters
WHAT BENEFIT YOU CAN DERIVE SIMPLY BECAUSE THEY WERE 498A ACCUSED.
SOOM YOU MAY ALSO BE ONE SUCH ACCUSED
4.can i file divorce pet on points given below.
A VIEW CAN BE FORMED ONLY BY AN ADVOCATE WHO SEES THE RECORDING AND PAPERS. PLEASE MEET A LAWYER NEAR YOU
vaibhav
(Querist) 30 September 2015
thanks for the expert opinion
SAINATH DEVALLA
(Expert) 30 September 2015
U R welcome,but thanked after a week
