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Raj Pratap (--)     23 October 2015

Filing legal separation vs conjugal rights restoration

We got married in mid 2013 following Hindu traditions. After wedding we stayed together for about two and half months. During her stay she picked up fight with my sister (married) when we visited her for a few days. Afterwards I went back abroad to continue with my job and my wife went back to her parents place to continue her remaining studies. Later she visited my parents during two festive occasions (for very short duration). After her second visit when she returned to her family she had some complaints with my mother and we had some arguments. Things got bit out of hand and she started threatening me that she does not want to continue and want to divorce and put condition that she will never visit my parents again. Later on things cooled down and she applied for visa to join me. She came and started living with me in early 2014. We lived together, she got pregnant and after six months we visited India for her brother's wedding. We first visited my parents and after copule of days she went to her parents home with one of the serven of her house. Later I, with my other family members, visited her family for her brother's wedding. When I returned some differeces arose between us and again she started giving me threats of divorce and to abort the child. Finally she aborted while she was with her parents place and put blame on me and my family for miscarriage (which actually is abortion). Afterwards things started to detiorate between us and I returned abroad. Meanwhile, she called many of my friends and relatives and put blame on me and my family and told them many absurd things. Because of the differences I asked her that both families should sit together and sort out the differences. However, she wanted to come abroad and start living together. Finally she travelled abroad in first quarter of 2015 (with the help of one of my friend) but finally returned after a few days. 

 

Now when I try to contact her through email or phone she does pick up the phone or send me reply.  Recently I called her father and asked for her, but he said he will not allow me to talk to her. Initially I was scared that she might be filing some suit against me but so far no legal proceeding has not started and she (and her family) is not clarifying whether they want to continue this relationship or not. I feel that they just don't want to take any step. In the present situation I am thinking to file a legal separation suit because we are living separately since almost eleven months. Can someone suggest if that is right step to take and what could be repercussions? Someone also suggested to file restoration of conjugal rights case. But I am not sure what would  be appropriate step to take. 

 

I would prefer to salvage my marriage but I want to put an end to her and her family's threats. I have not taken any kind of dowry or any other gift. Rather I have been bearing all the expanses of my wife since our wedding and until we were living together.  I also know that my parents have not harassed or abused her in any possible way. Moreover, she has stayed with my family for very brief period. Because of the Indian legal system I am not very sure what false allegations can be put on me and my family. Please shed some light what would be the right step to take?



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 4 Replies


(Guest)

They are waiting for you to make the first move.  If they want divorce, let them file.  If they file 498a and DV or RCR, let them file.  Later you file divorce.  But you keep quiet, let the first move be theirs.  Legally you cannot do anything to her so that she or her folks will dance to your tunes, this can only be resolved by love and affection if any.  Try your level best to make it work.  But at all costs you dont approach court or police station first, let them take the first plunge.

SuperHero (Manager)     23 October 2015

For every marriage, there will be wear and tear. Yours is the same. Give a benefit of doubt that it was miscarriage. 

Talk to her privately without Parents involvement. Your Parents also will be happy atleast you both are staying together as long as you have Trust, Love and Respect for your wife.

What do you want to do say after divorce?? Get married again??

If you file any case, are you ready to roam around courts and lawyers.

They can file all cases such as DV, 498a and what not???

Patience is a Virtue. May the Festival of Lights bring Light in your life by throwing out darkness.

Dr J C Vashista (Advocate)     27 October 2015

Be precise and specific. It is too long story and not a query. Consult a local lawyer.

prabhakar advocate (advocate)     27 October 2015

These are pinpricks of marriage.  If you both can find a good marriage counsellor and undergo a few sessions, both will be saved of any litigation and harassment in Indian Courts.  You try to understand that a girl who marries a person lives abroad expects the first few years of marriage in the company of husband abroad in clean and developed environment free from encumberances of in-laws' taunts.  That uninterrupted cohabitation abroad could not happen due to her brother's marriage visit inland.  So, go marriage counselling and try to resume matrimonial life for a sufficient long period without interference from elders, so that relations between you be cemented.


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