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Deependar kumar (Engineer)     20 March 2015

divorce case

Dear all, I got married in May last year. My wife started abuse and threaten just after couple of months of marriage. She went to her parents house by fighting with us just after 3 months of marriage. She is at her parents house from last 4 months. Initially we tried hard to pacify things and asked her to come back at our place. We went to her house many a times to sort things out with mediators. Her father is very arrogant and interfering in our day to day activities. They refused to send her back. Then we stopped making efforts for her return to our house. Now from last couple of days my in - laws seems very desperate to send her back to our place. But now we don't want her at our house as we think something fishy is going on from their side. They are threatening us for dowry case simultaneously which we are ready to face. I have following queries:- 1) they are threatening to include my sister's and her husband name in their complaint to police. My sister lives in Canada and been to India for just couple of weeks after our marriage. My sister's husband lives 150 km away from our house. Is it possible they include them and how strong it will be if they include them. 2) we are also doubtful that my in laws might try to send her to our house forcefully by coming to our house and fighting with us. What should we do in advance to avoid this situation? Can we complaint about this situation to our nearest police station? 3) Also mediators from both side are trying to avoid police case. My in laws asking for money and we are planning to give it and close this thing altogether. My marriage was in first week of May last year. Shall we give them money via cheque in panchyat and by making an agreement on which both parties and mediators signing or shall we wait till 1 year of our marriage and then filing a mutual divorce case and giving money through court. What should be the procedure we need to follow in this matter? Is agreement has legal binding on my in laws in court or my in laws can deny this agreement and again ask for money. Any help will be highly appreciated. Regards


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 2 Replies


(Guest)
Originally posted by : Deependar kumar

Dear all, I got married in May last year. My wife started abuse and threaten just after couple of months of marriage. She went to her parents house by fighting with us just after 3 months of marriage. She is at her parents house from last 4 months. Initially we tried hard to pacify things and asked her to come back at our place. We went to her house many a times to sort things out with mediators. Her father is very arrogant and interfering in our day to day activities. They refused to send her back. Then we stopped making efforts for her return to our house. Now from last couple of days my in - laws seems very desperate to send her back to our place. But now we don't want her at our house as we think something fishy is going on from their side. They are threatening us for dowry case simultaneously which we are ready to face. I have following queries:-

1) they are threatening to include my sister's and her husband name in their complaint to police. My sister lives in Canada and been to India for just couple of weeks after our marriage. My sister's husband lives 150 km away from our house. Is it possible they include them and how strong it will be if they include them.

 

They [YOUR WIFE] can just TAKE THEIR NAME ON PAPER AND THEY WILL BE LITERALLY DRAGGED TO COURT FROM WHEREVER THEY ARE, ARRESTED AND PRODUCED BEFORE THE MAGISTRATE COURT BY POLICE.


2) we are also doubtful that my in laws might try to send her to our house forcefully by coming to our house and fighting with us. What should we do in advance to avoid this situation? Can we complaint about this situation to our nearest police station?

VACATE SUCH PLACE IMMEDIATELY, WIFE CANNOT STAY WHERE THE HUSBAND DOES NOT STAY.  YOUR PARENTS CAN TAKE INJUNCTION FROM COURT TO NOT LET HER ENTER SUCH PREMISES AND ALSO ASKING COURT FOR THROWING HER OUT OF THE SAID PREMISES WITH POLICE PROTECTION.  IF YOU STAY AT SUCH PREMISES, YOUR WIFE CAN EASILY ENTER SUCH PREMISES AND NOBODY CAN THROW HER OUT U/S 23 AND 19 OF DV ACT.

3) Also mediators from both side are trying to avoid police case. My in laws asking for money and we are planning to give it and close this thing altogether.

YES, GIVE THEM MONEY AND GET RID OF THE HEADACHE NOW ITSELF.  CONTESTED DIVORCE TAKES 7-8 YEARS TO GET OVER WITH.

My marriage was in first week of May last year. Shall we give them money via cheque in panchyat and by making an agreement on which both parties and mediators signing or shall we wait till 1 year of our marriage and then filing a mutual divorce case and giving money through court. What should be the procedure we need to follow in this matter? Is agreement has legal binding on my in laws in court or my in laws can deny this agreement and again ask for money. Any help will be highly appreciated. Regards

Ompal Aggarwal (Advocate)     21 March 2015

Better take divorce by mutual consent in the court of law.

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