Need assistance urgently
Ranjan
(Querist) 03 August 2017
This query is : Resolved
Respected Sir /Madam,
My Name is Ranjan. I Married with Ms. Sukhada on 05/01/17. She agreed to stay at Joint Family & support me financially as well as her family. She also has 2 sisters & 1 Brother who is staying abroad with wife. He never helps his wife financially. Since Sukhada is an elder daughter. She has taken her family responsibility on her shoulder. Her younger sister got married 2 years back before our marriage. Sukhada is having her own flat and paying EMI’s before marriage which she told me to continue paying that amount after marriage also and rest of household expense will be taken care by her sisters. Now I came to know that her married sister is not also contributing anything in any expenses. However, Now I came to know that flat will be going to transferred on her other younger sister’s name that is dumb since birth. She is also married with same dumb man & having a normal baby girl. They have kept her sisters & husband at their home like Gharjamai. Both are working and earning good money.
Also I came to know that Sukhada has done WILL DEED of aforesaid flat without my consent. Also she started lying with me in some of matters. She also treats my family as her enemy. One day she had asked my sister to write her earnings & bank balance on piece of paper which is not acceptable since our parents are still alive & she does not such right to ask anyone at my home.
It was not cleared by Sukhada before marriage that the flat will be transferred to her sister names post her parent’s death which is unfair and cheating to me. If I am not wrong that when girl married, then her total responsibility would be her in laws. Her in laws are financially well. But my in laws bring her back to their home. I told my in laws that I am not interested in your flat. However, I want to move ahead & buy new house at Good Location. I need support of my wife so that bank will consider her income while sanctioning the loan. Now she is having loan of your current flat. So you can sell your vacant old house & clear bank loan of Sukhada’s name. We will pay you in cash for your household expense. However, I also inquired with them about contribution of other their child.
Now she sent a Divorce notice on Mutual Consent with 15 days given for reply. She has mentioned some false allegations against me in notice & also demanded Rs. 43000/- which gave me during her stay with us. Apart from this she never shared her salary OR Money for any of our household expence
I want to know the following things:
1) Is reply to this notice essential? Any how we have to wait to complete a year for marriage. Right?
2) If she is claiming above amount, Cannot we claim our money which was spent of her food & medication expense?
3) Can we file a case against her ill treatment with my family under mental cruelty?
4) She also refused for sexual relationship & not for child? Also she told if you want child, why don’t you adopt child?
5) What kind of claim can she do and what kind of claim I do?
6) I have to give her divorce but not easiest way.
7) I doubt she is going to file Domestic violence case, can she?
Kindly advise
Rajendra K Goyal
(Expert) 03 August 2017
Your marriage occurred in January, hardly 6 months before. MC Divorce may not happen before one year of marriage.
She is owner of the said flat she has right to sell / gift / mortgage / bequeath a will for her flat, you have no right to object, your consent not required legally.
She seem to be sensible, rather to thrust your ideas, give her time to understand the situation herself.
Try to have amicable settlement, save the marriage, through away ego and any ideal situation of your mind.
Rajendra K Goyal
(Expert) 03 August 2017
You said:
1) Is reply to this notice essential? Any how we have to wait to complete a year for marriage. Right?
Reply: If notice received, you should reply through your lawyer after trial for amicable settlement.
You said:
2) If she is claiming above amount, Cannot we claim our money which was spent of her food & medication expense?
Reply: Try to save the marriage, avoid such claim you may not succeed. If any legal case filed against you it would be more cost and time consuming.
Rajendra K Goyal
(Expert) 03 August 2017
You said:
3) Can we file a case against her ill treatment with my family under mental cruelty?
Reply: If you once try, she can file no. of cases against you and your family and force you to attend court for years. Through away your ego, try to save marriage or have amicable settlement.
You said:
4) She also refused for sexual relationship & not for child? Also she told if you want child, why don’t you adopt child?
Reply: Such situation is result of lack of understanding, ego etc. Problem could have been sorted out after some time.
Rajendra K Goyal
(Expert) 03 August 2017
You said:
5) What kind of claim can she do and what kind of claim I do?
Reply:
Try for amicable settlement and save the marriage.
You said:
6) I have to give her divorce but not easiest way.
Reply:
Through away ego, if marriage can not be saved agree for Mutual consent divorce. It would be the best way.
Rajendra K Goyal
(Expert) 03 August 2017
You said:
7) I doubt she is going to file Domestic violence case, can she?
Reply:
Definitely she can file. It may be painful experience for you and your family. Law is pro-women.
Kumar Doab
(Expert) 03 August 2017
You can not claim expenses incurred on food,shelter, medicines of your wife.
You married her and are under obligation to maintain her.
Amicable settlement is best recourse to save the marriage or to separate.
Kumar Doab
(Expert) 03 August 2017
Do you have irrefutable evidence of any charge/allegation that you are contemplating?
Refusal to s*x etc etc ........
These are otherwise grounds of cruelty.
Kumar Doab
(Expert) 03 August 2017
Same Query:
http://www.lawyersclubindia.com/experts/Mutual-consent-divorce-649801.asp
Kumar Doab
(Expert) 03 August 2017
Dear LCI Querist @ Ranjan,
I appreciate comments in 2nd para of your other thread by LCI expert Mr. J.K Agarwal.
krishna mohan
(Expert) 04 August 2017
Well advised by Mr.Rajendra K.Goyal. I understand a small property issue has lead to this level. Better try to save marriage as she want to be supportive to her family. She appears to be reasonable also. Any way decision is yours...
Ranjan
(Querist) 04 August 2017
Thanks for suggestion Mr. Rajendra & Kumar!!!
But this is injustice for men, isn't it?. That means A woman can behave/ do as she wants which is not acceptable in society. May misbehave with her in laws.
Ranjan
(Querist) 04 August 2017
there should b some parameter or threshold limit.
Rajendra K Goyal
(Expert) 04 August 2017
Between husband and wife nothing injustice if proper understanding and adjustment exist. Try to create trust. Through away your ego. You may be supporting her such steps and she would be accepting your wishes tomorrow.
Kumar Doab
(Expert) 04 August 2017
Subsequent to previous posts in the thread............
You seem to be having NO evidence to your averments.
The litigation can be protracted, stressful, costly..
Try to resolve amicably and with help of elders.
Beyond a limit even rubber can not be stretched and if it is released it hits back.
There is NO point in dumping oneself in police stations and courts and spend huge amounts on fee's and waste precious years of one's youth.....
More so when there is NO irrefutable evidence..........
