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New__India (Student)     24 September 2014

Lesson to father who seeks divorce for divorce daughter

This is my first marriage.  I am working in a pvt company and earning Rs.8,000/-pm. I married to a divorce in June 2010 as My parents convinced me to get married.  She is still working in Bharath Petroleum as Assistant Manager.  They told that she was earning Rs.1,00,000/- (Rupees One Lakh only) at the time of our Marriage. I did not even see her pay slip and however, I have seen her bank statements showing salary got credited 2 lakh. I am not exactly sure the actual salary. Now, she might have got promoted as Manager or some higher level, I hope so.  We got separated within 3 months of our marriage as her health condition did not allow her to involve in marital life at the time of marriage. She was under medication.  She never stayed in our matrimonial house after the first night as her father did not allow her to stay in our house (Tamilnadu) the reason being our house is so tiny.  We moved to Bangalore after our wedding as we two were working in Bangalore.  Her father started staying with us always and he never allowed her to speak to me.  When I asked him the reason, he replied that that was the way she grown up.  Just because of her father, we never stayed together at night.  Moreover, I was doing night shift and she was in day shift. We hardly meet each other on weekends. During that time her father used to stay with us always.  He got retired form Railway as Supt. , Madurai Div. They applied for loan with HDFC Bank in the very next month of our wedding and I signed as co-applicant. They got loan of Rs.14,00,000/- (Fourteen Lakhs Only). They bought a land in Bangalore, Ramamurthy Nagar and built Two BHK house with car parking for about Rs.45,00,000/- (Fourty Five lakhs only).  This house was registered in her name.  In my entire life time, I might have used 5000 words with my wedded wife as we never had time to meet each other. Her father used to tell me that he had spoiled his daughter’s life and got divorce. Even she told me many times that she got divorce from her first husband without her concern and she never leave me. However, her father did not change his view and sent me out of her house in the third month of our wedding. I am staying alone in a rental house till now. My relatives and her relatives tried to fix the problems.  However, no vein.  They tried to get mutual consent with me. However, I was not ready as I understood that because of her father, she wanted mutual consent divorce.   

Now, July 2014, she filed a divorce stating that I had taken videos of her.  She did not mention as what kind of videos I have taken as I spent all my nights in the office as I was in night shift. We did not have a Video camera at home.  I was using basic model of Nokia phone and now it is in their house.

Could you please advise me as what I can do in this situation?


Your answer should not harm my wedded wife even though she has applied for divorce. We stayed for about 3 days together when her father was not with us. We had good understanding in those three days.  I respect her love. However, your answer should be a good lesson for this kind of Father in laws.


 8 Replies

Tajobsindia (Senior Partner )     24 September 2014

@ Author,


1. Taking un-explained nature of video of wife is not 'ground' for divorce unless she explains the nature - content of video and term such act as 'mental cruelty'. Moreover she has to prove digital act as per strict Evidence Act to get decree in divorce proceedings. First seek copy of her Divorce petition and find out details of actual 'ground' under which she is applying for divorce. 

2. Since almost 4 years both of you are separated and not even had a conjugal (s*xual) relationship with your wife so it is better to seek divorce but on valid available grounds as per personal laws of parties. You can file counter divorce prayer under grounds of 'desertion' and 'non consummation' in a marriage. 

3. By her impending second divorce your father in law may change his behavior towards his daughter’s wishes and marital concerns otherwise thinking of 'teaching a lesson' to Father in Law would engage your rest of youthful years in already unfruitful marital life is my view.

Also hire services of a local advocate found via reference and discuss marriage brief and her filed divorce papers with him and remedies as he sees possible to achieve and then proceed accordingly. 

[Last reply]

1 Like

New__India (Student)     24 September 2014

@ Tajobsindia: Thank you for your valuable advice.  Sure, I will check with legal service in our town.  Her father is forcing her to go for divorce as per my understanding.  The reason because she is earning good amount and central govt employee too. Her real nature is good as we lived for 3 days together and understood each other a little bit. Issue always started only when her father stays with us.  Should I seek any alimony from her as this will make her father to feel the pain of making two bachelors into  Divorcees?  The first bachelor is working in DRDO and he is a Scientist.  I am the second Bachelor, from middle class family and working in Private company.

1 Like

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

You strongly protest and challenge her divorce case.As a counter measure you may either make a counter claim or file a separate case for RCR. You can even file an application seeking maintenance from her by proving her upper status but you have to be unemployed for that. Consult a good and prudent local lawyer and take his further advise on the issue.
1 Like

Chockalingam (n/a)     09 January 2015

Thank you for your valuable advice.  I have submitted counter petition from my end with help of an local legal body.  I need to translate that legal matter into English as I am planning to bring that case to Bangalore Family Court and I am living in Bangalore.

Could anyone can provide me the format of Tamil Nadu family court - counter petition in English?

Adv k . mahesh (advocate)     09 January 2015

as already you have submitted accordingly

have you meet you wife again after filing the case because if you have a chat with her once you will come to an understanding with her which will solve the whole mystery about all this query 

when she comes to court or try to meet her at her office place and discuss with her to happy married life and even she is also on the same pretest then contest it as already you have started for contesting it

1 Like

vajinderpalsingh   09 January 2015

Dear friend. i really respect your love to ur wife. But as per your statements now the time is to show her love on you. She is educated and having a good position in job. She has to come forwarded and choose the way either it is you or her father.

If she cant decide her own future second time then no body can help.


1 Like

Chockalingam (n/a)     11 January 2015

@ Adv K. Mahesh: No.  I have not met her.  I am scared to meet her as I never gone to her office when we were happy and her father may create more issues if I try to meet her now.  Last time I met her is March 28th 2011.


@ Vajinderpalsingh :  She has already selected that she wants only her father.  She already has given this statement in her hearings when I was not present in that hearing.  

New__India (Student)     16 February 2015

Can anyone please provide me the case reference where telephonic / audio recording were been used in the court as a proof of evidences in India? (better with judgement copy)

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