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Parth (Software Engineer)     13 April 2011

Wife at home after marriage

Hello ,

I posted this post before few days:

https://www.lawyersclubindia.com/forum/Wife-at-home-after-marriage-34714.asp

Now, my wife is at her parents house and their parents are  not allowing to go out and also use the mobile or any mode of communication. I sent the courrier regarding our marriage certificate and our photos to her house.

Now, their parents might file a case of divorce against me. We never stay together and also i denied them for the mutual consent divorce as we both still want to stay together but her parents are not allowing us. Moreover, my wife is @ parents house and she is emotically blacked by their parents.

I just wanted to know on what grounds they can file a case of divorce againt me as i denied for mutual constent divorce so they need to file a case of divorce on some grounds. I know grounds of divorce which are :

1. Adultery

2. Cruelty

3. Desertion

4. Conversion

5. Mental Disorder

6. Leprosy

7.Venereal Disease

Out of all above i had never been indulged in any one of them. so, which grounds they might consider for divorce.

Moreover, can i anything legal as i dont where my wife is and how is she?

They had stopped all the contact mediums between us.

 

Please Advice.



Learning

 11 Replies

Parth (Software Engineer)     13 April 2011

Hi Prabhakar,

  She is emotionally black mail by her parents. Moreover,  my lawyer advice me not to do anything legally from our side first and wait for them to take first step as if we sent RCR from our side then they might claim for dowry and other wrong things. Moreover, my wife is tortured(emotionally black mailed) at her home, she might also disagree to come wid me infront of judge..........

Can you please let me know what are grounds they might use to file divorce against me?

Parth (Software Engineer)     13 April 2011

Hi Prabhakar,

Moreover, i do have marriage ceritificate with us. They might also force her marry her else where.

Is there any legal way to nofity her parents that if they will marry her else, this would be an offence upto 7 years as she is already married to me. Moreover, her parents were telling that our marriage is illegal and they dont believe our marriage. So, how can i notify her parents  power of Marriage Certificate? and make them aware of the same?

 

Thanks,

Parth (Software Engineer)     13 April 2011

Thanks Prabhakar for all your feedbacks.

 

Just a last question if her parents marrys her else where without our notification and our unawareness. Can we file case against her family and herself regarding the second marriage in future? She was married to me and then also she married elsewhere?


(Guest)

Yes you can file Bigamy against your wife and her husband as the marriage without taking divorce will be void. In reality this wont happen no one marries again before divorce. These are the thoughts everyone in such situation gets as you are not able to establish contact with the other side but it may be that your wife dont want to continue and would be under her parents influence.

So be careful there may be false cases from your inlaws for Dowry harrasment that may land you in a serious trouble as that is the most easy way to secure divorce if they want to get rid of you. They wont apply for divorce as contesting it would cost too much time so I dont know what situation you may land up in.

It is not possible that your wife is not able to establish contact with you may be she dont want to dont be in a false notion that every husband is in when wife leaves him without adequate reasons....later he realises he is in a bigger problem.

 


(Guest)

T

Parth (Software Engineer)     13 April 2011

Hi Mithilesh,

   The thing is we married when we were in the college and then we never stayed together at my house. We then spent 2 years in college and she never come to my house as wife. We married for security. So, if she had never been to my house then also she can claim for dowry?

 

 

Please advice.


(Guest)

These cases are in majority false and are just to create pressure its not dowry actually it is cruelty so that may be anytime and anywhere and the proofs need to be produced at the time of trial and not FIR police registers FIR basis the statements of wife and parents and can arrest without warrant so whether she lived or not or otherwise is not a requirement. Hope that is not the case in your case

Parth (Software Engineer)     14 April 2011

No this is not the case with me. I am hoping to get the things settled soon and their parents convince. I do have feeling that they also dont go for divorce application as that will even spoil/destroy her daughter life. I am thinking of all the scenarios and all the positives and negatives that can come now.

Thanks,


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