Prakash123 (Worker) 27 December 2011

Need divorce

Back ground : Written on 1 Aug 2011 :-

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 few 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 to leave 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 chain and said now we also not wish to keep your daughter at our home.

Finally I also decided to leave her and make my mind to divorce her. But I’m afraid of lot things like,

1. Her father will trouble me and my family.

2. As my mother kicked once & slapped once to my wife. But I have not Bitten her a single time. I wish to know whether her father can file police FIR against me?

3. Should I wait for any action made by him? Or try for pre-arrest bell for all of my family members?

4. I’m afraid to send her remaining stuffs (Cloths) by courier, as it will indicate that I’m asking divorce to her and I have to pay all expenses back to them.

5. For how long I have to wait divorce as we married on 8 Feb 11 only. I heard that there is mandate for couple to stay away for at least 1 year. Is it?

6. What will happened if she refuses to give me divorce easily? And what should I do if her father forcefully drops her back to my home? Should refuse to enter my home?

On 15 Dec 2011

Now 5 months passed from she leaved my house. She is with her father’s home. She is BE electronics & still searching job She has not called me & me also not. 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 any 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 / 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 under her parents 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. She has one elder brother to be marry (were looking for girl), So I guess her Father should become desperate to break this as soon as possible (My guess) and marry her soon.

7. I’m looking for Mutual understanding…. then can file Separation suit after 8 feb 2012. That’s why I ‘m not dare to send any legal Notice which will 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.

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

Please let me know the Experianced expert Advocate (specialist in Divorce) located at Pimpri, Pune - 411017

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24 Replies

Vijay Kumar (Supply and Distribution Management) 27 December 2011

Hi, still you havn't any ground of divorce, as per my understanding just send her written notice to stay with you through advocate, you cannt file any case of divorce.

if you want divorce, you have to pay monthly maintenance charges as per rule.please file the case in the court near by where she is residing, if you will file the case in different judicery, your case will stuck long may be around 2 yrs

you can conveyance her for mutual divorce if she will agry.

1 Like

Prakash123 (Worker) 27 December 2011

Thanks Vijay sir for reply,

My wife and me both are in same city. So can file case in same city only. You told me that I have no ground to ask divorce. But she leved my house since last 5 months with all her stuff and her father asked her all Gold jewellary by threating us. We gave all around 1.5 lakh gold to them. She had never s*xuculy co-operated me.

She is most arrogant girl I ever had seen. And She also not willing to come to my home. She was pressured by her parents to do so. All Samzota meetings hv been failed to resolved this issue.

If I don't want her in my house anyways. Will they tie her with me like animal forcefully?

Vijay Kumar (Supply and Distribution Management) 27 December 2011

she left home 5 months before but you dont have any proof, you can'nt prove it in court,

when she left home than you had to send written notice to come back my home.1

but now you also dont want to live with her,

you can take below steps.

1.if you are ready to pay around 25 to 40 % per month of your monthly income than you can file the case of divorce under cruality.

2.as you have mentioned she is alos not willing to live with you, you both can plan for mutual divorce, ask her for settlement. i think she can be ready after some componsation (like money deal may be depend what she is expecting and what is your income)

as per my opinion best way is MUTUAL DIVORCE, if you will go for one sided divorce case it will take minimum years + money

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Vijay Kumar (Supply and Distribution Management) 27 December 2011

for your information i am also strugelling for one sided divorce but still not success, i had filed the divorce case in OCT 2009 after than she has filed case for maintenance in DEC 2009 and i am paying maintenance charges since day one of her case, but still in quee for divorce, i think only mutual divorce is only best way for both parties.advocates are doing just their own business when you will go to a advocate they will show you many dreams that you will get divorce soon etc, but nothing will heppen easily, both parties will lost their money and time.

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Prakash123 (Worker) 27 December 2011

Thanks for very important imformation you have provided. I'm also trying for Mutual Divorce. For that whenever her father called me for threating / convince I jsut said 2 sentences my mental condition is not ok. I can't say you anything. They are tried to provoke me to abuse but I keep silent myself.

They threaten that they will enter her daughter forcefully. I will not allow her anyway enter in my house

I hope they will selft irrtate and will agreed for Mutual concern. As he has to fix his son's marriage as well. That can be happen only after this issue.

Self service (None) 27 December 2011

Send RCR notice to come back with all incidences. wait for reply, based on response file divorce.

Prakash123 (Worker) 27 December 2011

Self Service Sir,

They are already trying to enter my wife into my home by sending lots of relatives to convince us. If I send RCR to call back her she will happly enter in my house.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 27 December 2011

Don't send the notice of RCR.

Just wait and watch or better still convey your inclination towards Mutual Consent Divorce.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Karan (NA) 27 December 2011

My view is this:

There is no proof of she left you.

So 1. try for divorce via mutual consent.

if disagrees, file for conjugal rights where you ask her to come and live with you. Possibly she will then agree for divorce

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Prakash123 (Worker) 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.

Prakash123 (Worker) 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.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 29 December 2011

Yes it is good enough ground for asking divorce.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

galsober@yahoo.co.in (def) 29 December 2011

Can I prevent her to entering my house?

Yes, By obtaining civil injunction

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.

Ur fears are right. This is definitely a new MANTRA for out-laws to tresspass the house & then harass u from ur own turf. So consider CI very seriously!

1 Like

Vijay Kumar (Supply and Distribution Management) 30 December 2011

You need to send her a notice through local police women cell, as per my understanding they will also good counsellor to both parties and you will get responce within 30 days, she will not try to enter your house when she will get notice from women cell.

you can also use to send a notice through advocate but she might be file some cases against you , so first go through women cell.

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