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ganesh ( service)     15 June 2013

Matrimonial issues

Hi

I got married on 18th Nov 2012.Post marriage issues of money (her finances, stridhan), inlaws (adjustments, expectations), s*x
(marriage is unconsummated as she did not want kids till a year),cooking, her dress sense  cropped up. Further even on my birthday she did not wish me though I have celebrated her birthday well

Both of us are working professionals. I had to go out of town with my parents (parents and I stay together during financial year end and my wife could not accompany me as she had work pressure. So she went to stay with her parents. Before she went  I had asked her to think over the above matters in the week i was away. This was approximately 4 months after our marriage. But matters were twisted to suggest that I and my parents had asked her to go. Her sister and her parents and relatives abused us in person
and took my wife’s dresses and other belongings. We are now separated since about 3 months and my wife despite my attempts to communicate refuses to answer my calls, emails, smses etc. She is not even prepared for counseling. Though we have wedding proofs there is no marriage  certificate. I do not want to separate from my wife. She earns approx 70% of my salary.
 

My queries.

1. What should I do if she files for divorce? As per HMA will she file for divorce after a year of marriage or
year of separation?
2.In the event that she approaches me for mutual consent, is that a good option?
3. Apart from meeting her (which I have requested my in laws & they have not agreed) I have tried to establish contact with her
   Is that negligence on my part & how do I establish cruelty on her part towards me?
4. What kind of alimony can she expect?
5. Can the court compel her to go for counseling so that atleast viewpoints be exchanged?
6. Any other option available?



Learning

 1 Replies

Sameer (Engg)     15 June 2013

Hi Ganesh,

Welcome to the world of legal terrorism.

My situation is also like you.But My wife is staying in my flat but in a different room(No physical relation).

1. she can file divorce after one year,whether she will get it or not that depends upon how you contest it.Accumullate all the proof of your good time if you had something (Like photographs,restuarant bills etc.)

2. It will depend upon what  under what condition she wants MCD,normally hefty amount is demaded by the wife (If you donot agree to their condition they will blackmail you saying they will file 498a,406 etc).If they come for  MCD without any condition,then it will be best for you.

3. Yes that amounts to cruelty,ignoring you.

6. I think you should file RCR,which will be the proof that we want to be with her.If you have some common family friend you can discuss with them also.

So that you can come to know that ,what short of story your wife is making.

Good luck


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