MoinF (na) 09 October 2014

Expedite divorce or delay it?

Hi all,

Background:

I got married in Oct last year. After a dispute my wife has left me and my 90 years old father. I am the only son in my family, and my mother has died a long time back. We tried to bring her back, but no luck

She has left the home on 21st July, 2014 after that, I filed a case in family court notifying that she has left, and that I want to bring her back. Sent first notice on 19th Sept, but she didn't respond to that.

I had a word with her, and now she is ready to come back but on her conditions. Her brothers abused me, and threaten me of Jail. Unfortunately, I have failed to record that call when they did this to me.

It's about 3 months, and now I am thinking of divorcing her, but I am afraid that if she is going to file a false case against me (498a, DV, etc), then I will end up loosing my job, and my father will likely not bear this pain

I have read somewhere that DV case can't be filed after one year of separation, so I was thinking of not divorcing her, and let the time pass by, so that I can divorce her after this time is over. I am pretty sure, I will get easily through the dowry part, because I am the one who gifted her a car after two months of our marriage

Luckily, I do have recording in which she accepted to have been gifted this car on her name by me. Advise what best I can do in current situation. What pain I will have to go through, and if I can possibly lessen it.

PS: till date, from what I know they haven't filed any case against me, but I am living under fear.

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4 Replies

Tajobsindia (Senior Partner ) 10 October 2014

@ Author,

1. What you are thinking I can only observe 'If wishes were horses, beggars would ride'.

2. If you do not want to reconcile with your wife then withdraw RCR suit matter.

3. By gifting car it just shows you as in her husband has a status and reflects on your income - earning capacity which can always be used in maintenance case (in future if she files one if she is not earning an income). Dowry case can still be filed and it depends on a typist skills.

4. DV is continuous violence as most HC's have interpreted according to their wisdom. Filing is easy, relief if she gets is other matter but your sightseeing to Court may start the moment it is filed.

5. Best thing to do against background as per mention by you is to sit with your wife and amicably discuss a way forward by fine tuning both persons lifestyle - needs - duties - expectations as there is no point thinking of women centric laws and yet filed a RCR case for conjugality.

6. If you want to know what options you have in case she files maintenance case OR dowry case OR DV case then in this very forum we participated in number of similar early stage discussions, suggest to invest time reading them and making notes and then come back with specific question to seek reply.

Divorce is not that easy without valid grounds and young marriages should be tweaked if differences (disputes) were not very very major between spouses is my view. Since there is no specific question asked in your query I interpreted (observed) as above.

[Last reply]

great india (manager) 10 October 2014

Sell the car....else it would be a strrdhan.... Try reconciliation through sr. Memebers if fly and court. Keep talking and settle amicabily

MoinF (na) 12 October 2014

@Tajobsindia:

2: I am thinking of withdrawing RCR. Situation was not this worse when it was filed.

5: That was the first thing I have done, but she is not ready to listen and here we are...

6: Sorry if I wasn't specific, but I was just wondering if there is anything I can do in my defense.
Guess that's a no, so I will go ahead and file a divorce anyway.

@great india: I can't sell this car, as it was bought on her name.

T. Kalaiselvan, Advocate (Advocate) 16 October 2014

@Moinf : I think you are rushing up with many things. Firstly your RCR was unnecessary because no doubt it did not bear any fruitful result instead it provoked her aggravating the situation more worse. She can file DV case, 498a case, dowry harassment case, maintenance case and may even look for many more such women centric cases against you with intention to trouble and torture you to the core to make you realise you and fall at her feet to act as per her dictums if you are looking for relief. In my opinion, it is better to withdraw the RCR, wait for the passage of time, do not disturb her in between,remain calm and watch the developments from her side, if you don't find any changes in her behavior even after passage of considerable time, you may think of proper legal actions against her for permanent reliefs. Consult your lawyer and decide on the issues patiently.