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Ankit (consultant)     08 January 2013

Need help and advice

Dear all,

I belong to an educated middle class family. Iam myself well educated and well employed. I got married in Feb 2010. We stayed in a joint family with my parents and my brother and his wife. It was a no demand and an arranged marriage. Within one month of marriage, my wife started complaining about my parent. I used to calm her. I tried my best to keep her happy and to fulfill all her demands lovingly. I have been a sincere faithful husband. I even taught her during her exams and most house hold chores were done by servants in the house and rest by my mother and there were no restrictions what so ever. She would pick up fights with me on silly things, speak rudely and threaten me that she would leave my house. Most fights were picked up during odd hours of night. This frequently led to all other family members getting disturbed. She often used to suggest me to that we should shift to a separate house/ hostel. But due to my uncertainties regarding future course of employment I tried to pacify her. She has always been irresponsible and was always hooked to her phone talking to her mother. Both her parents are employed and belong to middle class.

 6 months after marriage, one fine day she picked up a fight with me and left my house.  Next day she asked for pardon but was unwilling to come back to my house and also claimed wrongly that everyone has thrown her out but the true facts were just the reverse. She came back after 1 month only when I told her that I would like to pursue for divorce if she doesn’t wish to stay with me. I tried to forgive her and forget the past.

She conceived immediately after coming back. I took lot of care during her pregnancy. We had a baby boy weighing 3.5kgs. But after the baby was 8 months old, she left me after picking up a silly fight with me and went to the nearby police station and along with her parents wrote a false written complaint against my entire family stating that we throw her out frequently, she has restrictions in eating, studying etc., and everybody including her husband verbally abuses her (but no dowry demand was complained of) and that she is willfully going to her parents house with her baby. The complaint was neither registered nor diarized.  Now it has been more than an year since she left me. There have been no phone calls from her side. I have tried sending her requests to join me back through registered posts (thanks to advice on your forum). I have tried to send my baby gifts but all have been rejected. I went along with my elder relatives to call her back but her parents didn’t allow me to enter their house and meet my wife and my baby and spoke rudely to me.

Since my stipulated tenure of job had finished and I could not get a job at my native place, I found a job in the nearby town and now I am staying alone. I informed this to my wife through written registered posts and speed posts, which were rejected by them repeatedly.  I wish to have my wife and kid back but not forcibly (Also I feel RCR would lead to retaliation) and I do not wish to give in to her demands of making myself her exclusive commodity (read as henpecked husband).

Please let me know how I should proceed further. Is my leaving my native place for an employment constitutes desertion? How can I make my case strong if I plan to directly file for divorce after 2 years of her desertion? Do her claims about verbal abuses, throwing her out of the house and restrictions in eating, studying constitute a reasonable/ valid cause for her deserting me? Also please advice how I can meet my child during this period?



Learning

 4 Replies

Chetan Joshi (Advisory/Advocacy)     09 January 2013

A bit of more clarity to yourself to what you want shall be fruitful. You have options which may vary from having your family back to a divorce...

 

 

You should ideally try to work it out but it seems by the way you've expressed that it has less probability of working out and moreover you are frustrated. Avoid filing RCR ( how can a court order compel a healthy union ) it will be a waste of time if you are looking for divorce.

 

 

You should be really careful, for your wife seems to have tendency to file false complaints. An allegation put is not an allegation proved.

 

 

Your employment does not amount to dessertion. You may have cruelty, dessertion as grounds for divorce. It is always suggested to take the MCD route if possible for it saves time and money. So the crux is to have a tallk to work it out, else proceed with the help of a referred lawyer for a Divorce.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

1 Like

Ankit (consultant)     09 January 2013

Dear experts,

Thank you for your advice but i still have some questions...

1. How do i meet my child as my inlaws do not let me enter their house?

2. What is the concept of prelitigation- mediation? When and how can it be used?

3. Can my wife enter my parents home and harass them. What should be done in such a scenario?

4. Can she enter my house after i have put a divorse case against her. If yes, what do i do then?

5. My wife was in a habit of calling up her parents whenever we had an argument and and i feel they might have recordings of times i used to loose my temper out of frustration. Can she file complaints against me on grounds of constructive dessertion when i file Divorce. How do i need to defend myself then?

Iam badly in need of advice on above issues.. Please help!

Best regards

 

Rahul Kapoor (Legal Enthusiast)     09 January 2013

 

1. How do i meet my child as my inlaws do not let me enter their house?

Ans. File for the visitation rights.

2. What is the concept of prelitigation- mediation? When and how can it be used?

Ans. Generally court refers for this process. It is an attempt by court to save the marriage.

3. Can my wife enter my parents home and harass them. What should be done in such a scenario?

Ans. No.

4. Can she enter my house after i have put a divorse case against her. If yes, what do i do then?

Ans. if she files DV then yes, by means of residence order.

5. My wife was in a habit of calling up her parents whenever we had an argument and and i feel they might have recordings of times i used to loose my temper out of frustration. Can she file complaints against me on grounds of constructive dessertion when i file Divorce. How do i need to defend myself then?

Ans. you just need a strong defense to defend your case.  you can expect some false cases against you.

 

RCR is a waste of time as you are not going to benefit from it.

 

regards-

rahul.gogreen@gmail.com

Chetan Joshi (Advisory/Advocacy)     10 January 2013

1. How do i meet my child as my inlaws do not let me enter their house?

 

It is your right, your in laws act is illegal in stopping you. Make a wise decision

 

2. What is the concept of prelitigation- mediation? When and how can it be used?

 

It happens pre - filing a case, referring the matter to a mediation centre or a mediator.

 

3. Can my wife enter my parents home and harass them. What should be done in such a scenario?

 

Your parents can take action against her.

 

4. Can she enter my house after i have put a divorse case against her. If yes, what do i do then?

 

She will be your legally wedded wife until divorced. She has a right to live with you.

 

5. My wife was in a habit of calling up her parents whenever we had an argument and and i feel they might have recordings of times i used to loose my temper out of frustration. Can she file complaints against me on grounds of constructive dessertion when i file Divorce. How do i need to defend myself then?

 

Never heard of constructive dessertion.

 

 

You need to make a wise decision. Make sure that your actions are padded by a good lawyer.

 

 

Regards


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