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Sunny@123456 (service)     23 July 2016

Desertion by wife

As per the Hindu Marriage was solemnized in accordance with the customary rites and ceremonies in terms of section 5 and section 7 of the Hindu Marriage Act, 1955 on february 2016 at Guwahati  and we registered our marriage under sub-section (1) of section 8 of the Hindu Marriage Act, 1955. On september 2012, in Kolkata.

I’m from Kolkata and my wife from Guwahati, My place of work is Kolkata. Hence after the marriage we have been staying in Kolkata with my parents, also we do not have any child. Due to my job most of time in a month approx. 15-16 days was traveling abroad for various assignments. Since 1.5 years had passed our marriage also from the very beginning we used to quarrel over many minor and small issues.

And from the very beginning minor hassle & turmoil were continued but every time we solved it and every time I tried to explained the situation, , September 2013, our relationship started to sour as she wished to back Guwahati with her mother at that time My Mother-in-law stayed with us in kolkata after completed his treatment from Bengaluru (Nimhans). End of the same month she went to Guwahati on grounds of caring her ailing mother. At that time I was in Bangladesh for an assignment. I tried to contact her over phone. Surprisingly she start accusing me of mentally torturing her and severe abusing me, after few days, I went to her house in Guwahati to bring her back. There she, her parents and her younger brother misbehaved with me, insulted me and alleged me of behaving rudely with her. When I said that all of this was false, they more shouting to me,  I returned to Kolkata alone and have been staying here alone, after few days again she asked me for a Rented house, thereafter me and my family arranged one Rented House.

First week of January 2014 I bring back her to kolkata on new rented house,  but from the first day  in rented house, she start express board but the rented house details with photos has been already shared with her and quarrel over many minor and small issues as like before.

First week of May 2014 we (me, wife and father-in-law) have been visited Chennai for my wife’s Slip-Disc surgery, it was two expensive surgery approx. 2.75Lac thereafter while we returned to Kolkata, again same rough quarreling, rough/ bad language, insulting in front her father  and even she beaten me  and were broken my spectacles. At that moment she just tortured mentally to me, and it had become impossible for me to stay overnight in our rented house. Surprisingly her father didnt said anythingand asked me to book two ticket Kolkata – Guwahati as he want to back her daughter to Guwahati, I explained him in front of my wife, that, this is not first time quarreling / rough behaviors/ slang language, all time we  resolved among themselves. Infect my wife realized his mistake letter and asked Sorry to me, in that same way while I found it’s my mistake I said sorry and we make overall settlement happily.

But they are refused to hear me anything and determined to return Guwahati. Finally I booked there tickets and she packed all total 18 numbers of luggage including her gold ornaments infect I believe she already moved the gifted ornaments already to Guwahati in the first time, also I handover my gold chain and gold ring which I got as gift from in-laws during the marriage. 

I just really disappointed, cried, begged, requested to them not to leave but they are just ignored.

Finally, on 1st June 2014 me and my father helped them to reached Kolkata station with 18 numbers of luggage’s.

Thereafter again several times, I went to in-law house in Guwahati and to bring back, but most of all times, same incident happened she, her parents and her younger brother misbehave with me, insulted me and alleged me of behaving rudely with her, when I said that all of these was wrong, false because at this time her father was present there. And they asked divorce. I returned to Kolkata alone and have been staying here alone, and after one month I leaved that rented house. 

 But, from the 2012 to till date, I continuing my responsibility to my wife, her medical treatments, LIC payments of Rs, 6810(her personal), mobile recharges, Joint Mediclaim premiums, Flight expenses, minor demands and gifts, etc. and  it has continuing while she lived in Kolkata and start staying with her parents in Guwahati. As a pocket money till date I transferred of Rs3500 on her personal  (Guwahati) account.

It was my last visit in Guwahati February 2016 (on our marriage anniversary), surprisingly I was honored by really miserable and abused by her. I was really shocked on that day, She was to totally arrogant even tried signed a bond that It was my fault that’s why she leave Kolkata and I divorced him. Infect everyday she called me asked for separation and divorce, finally I informed her father and he replied, he wouldn't want to involve in this matter, it’s up to us only, Then my wife asked me to lodged a mutual divorce in Kolkata, accordingly I connect a lawyer, suddenly my wife asked for 10 Lac Rupees as Alumni, while she agreed in front of her parents for a Mutual divorce and thereafter denied to come Kolkata and asked me to lodged a Mutual Divorce in Guwahati only.

She just making my life hell. Every time called me and start slang, abusing and asked for mutual divorce with a 10 Lac alimony even in my offce working hours, as I replied that I haven’t enough money or capacity to meet that demand, as I agreed to pay him 1-2 lac only. But she start warned me that, he  will filed 498 A case to me and my family. As per her request I connect my lawyer to her, to explained the actual process of a mutual divorce but she arrogant for the same matter 10 Lac, then again asked me to find a lawyer in Guwahati and do the needful,

I have made him clear that since she has left her marital home without any valid reason, still I continuing tried and request him, emailed him to bring back in Kolkata but she replied I have to left my job, leave my family from kolkata and have to stay in Guwahati only and that is not possible for myself.

We have agreed to a mutual divorce and have asked them to submit us a draft copy of their terms and conditions, but they are not doing that, instead they want me to go to her hometown in Guwahati  and fight the case, now the fact is that they have lied so much. We don’t believe any of their words and hence we want the Mutual divorce to be filed either in Guwahati or in Kolkata.

I m staying alone in kolkata and life is depressing for me. please suggest me.



Learning

 4 Replies

Vibha   24 July 2016

  1. It is good for you that your wife wants a divorce. Many men suffer because their disgruntled wives don't want to live happily nor want divorce they only want to make allegations in court and harass the husband and his family.
  2. Do you have evidence that she took 18 pieces of luggage with her?
  3. Do you have evidence that she threatened to file 498a case unless you accept to pay 10 lacs?
  4. If yes then proceed to nearest police station and make a complaint. Such threats are against the law.
  5. Divorce case will run in Guwhati irrespective of what you want. All courts in India have seemed to agree that wife is entitled to having divorce case run in city where she lives.
  6. You can refuse to pay the 10 lacs. Fighting 498a and contested divorce cases will take 10 years. If she wants a quick divorce she has no option but to accept what you are willing to pay. 
  7. Time is the best weapon in your hands. If she is interested in having a chance at second marriage she cannot wait 10 years fighting court cases. You have to be prepared to face all sorts of false allegations and defend them properly.
  8. With immediate effect record every phone conversation between you and her family. Collect all other types of evidence.
  9. Try to be concise with your queries on LCI. Most members find it difficult to read such a long story. Distill query to few specific and material facts and one question.

innocenthusband   24 July 2016

Originally posted by : Vibha

Fighting 498a and contested divorce cases will take 10 years. 
 

This is a misconception. It may take more than 3 years if a kid is involved and if one party or the other skips court sessions. Otherwise it can be closed off within 3 years, even less if you are willing to study the case like a lawyer would and take case to HC for immediate resolution. 

 

Vibha   24 July 2016

I agree with innocenthusband. 10 years is worst case scenario when one party plays dirty tricks to delay proceedings.

Sunny@123456 (service)     17 September 2016

in the month of August, my wife pressured me to divorce and everyday asked me to meet a lawyer in Kolkata, then I connect one lawyer and discussed about the deed matter on telephonic conversation (me, my wife and lawyer) accordingly, my lawyer prepared one deed and post it to my wife Guwahati parental address, after one week suddenly she asked for 15 Lac alimony, I tried to explained according to our conversation it has prepared, how would you now claim 15 Lac , it's no claim demand- mutual divorce deed.

Finally in the month of sept 2016 she suddenly agreed no alimony, just finished the legal process as early as possible. Tomorrow I have an appointment with one of the lawyer in Guwahati, and will explained as I texted on the beginning. Let’s see.. Please pray for me.


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