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wishal (sr)     18 September 2014

Advice needed for divorce

i need urgent advice regarding getting rid from wife. i got married in febuary. after 2 months my wife went back to her home because her brother is mentally retarded and he was operated and within 15 days he is fine.

after that since last 5 months she is staying at her on home. and demanding weird things by her parents.

they want me to stay with them only for rest of the life.

she is asking me to stay with her for whoel life and leave parents.

i am running a reputed business so for me my credit is important as a personnel life.

lot of councelign session has been done.

her parents torture me to serve their mentally retarded child i cant shift my whole business. 

mentally i am fed up with this situation. my relatives went to their home and councelled her parents that why they are spoiling their daughters life for their personnel entertainment? relatives feel that they need money.

how should i procedded to get rid of this relations????? should i wait or what???? what documents can i start collection for future divorce case?  and how should i go ahead? pls pls advice needed



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 7 Replies

Rahul Kapoor (Legal Enthusiast)     19 September 2014

hello,

you can only file divorce after one year of marriage.

if they are demanding money over phone then you can record their conversation.

SuperHero (Manager)     20 September 2014

Send a Lawyer notice to rejoin her as you are legally wedded by Hindu Marriage Law or Islamic law or Indian law what ever applicable.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     20 September 2014

Please keep a track of all the events and jot them down. Events in the past may be written out of your own memory, however, events in the future, make a voice recording or electronic recording, which can be used as evidence in the court of law. Your marriage is new and to file a case you will have to wait for 1 year, however, if you feel she has cheated you or played fraud on you or if your consent to marriage was taken by fraud, then you may file a petition for nullity within one year of marriage. All cases, nullity or divorce will take its own course to settle in court, however, if you both agree for divorce and decide to file a mutual consent in the court of law, and then the case shall be decided approximately in 6 – 7 months.

Biswanath Roy (Advocate)     20 September 2014

In view of the facts given my advise to you is not to bend down your head to your wife and her parents.. Stick to your principle and sit tight upon the matter without any connection to your wife and her parents for at least six months  meantime watch the development of the situation because you shall have to wait for long one year to file a Divorce petition. Giving a long rope in the matter will be the best solution.

wishal (sr)     20 September 2014

Thx today new weird demand put that they are asking in written from me that i will serve her brother whole life and will go once in a week to their place that should be in written i dont know how to get rid of such people?

T. Kalaiselvan, Advocate (Advocate)     27 September 2014

As advised to you, never budge to their pressures. You do not have to give anything in writing neither you are obliged to comply with their irrational demands.  The courtesy and sympathy can be extended only to certain extent and beyond that it becomes charity, then there is not love lost, it will be business minded mechanical life.  Wait for the mandatory period of one year from the date of marriage, do not get into any dirty tricks in between or get trapped to their false game plans or threats, if the developments are not conducive at that stage, you may opt for initiating legal action against her either divorce or anything the situations warrants.

wishal (sr)     27 September 2014

thank you sir for advising. as per your advice i have declined to give it in written. i need advice regarding what evidence should i start gathering??????

what ground can i put in legal divorce case? can i put that my in laws mentally harrasing me to stay at their home only??? they dont let their daughter to come at my home? or what ground can i put?

 

or should i first give RCR case and then if she doesnt come i fil edivorce????

because i feel like that when i will ask for divorce they may put 498a cause illiterate people. so 

is i tpossible that when i file RCR i also file for advance bail application?????

how long advance bail application is valid????

pls advice regarding what documents should i start gathering to file divorce case in febuary?


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