LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anuj   28 October 2016

Need suggestion for section 9

 i got married before 8 months back. me and my wife never fight during our marriage period. in last august due to some minor injury some blood clots happened in my body and one blood clot stuck in y heart and i undergone angioplasty treatment. my wife was with me during my hospitalization. last month her brother came our home to take my wife for one night stay with her parents. my wife went for one night stay. next day her father told my father that we need divorce and also wants jewelry... i asked my wife about this matter she told she has problem with my mother then i told will leave parents and we will live in rented house.. she rejected my idea with stating that i cant get you from your parents.. then i went her house to take her back but she didnt meet me and her father told we want divorce.. 

my wife also told in message that she don't want divorce but her parents want divorce and she don't want to go against her parents decision., so living together is not possible.

in this situation i have following questions...

1) my father in law is asking divorce on 100 rs stamp paper... is it valid divorce? ( i dont want to give divorce)

2) through section 9 i want back my wife with me.. how much chances are there that judge order my wife to stay with me in this situation? 

3) will these two point give me advantage in section 9: i) wife has problem with my mother but i am ready to stay away from my parents ii) my ill health

3)my father in law threat us like........ we have to cooperate in divorce process which he wants if we will not cooperate then they will do dowry and other police cases.. i have this threat on call recording.. will this use full in court?

4)my father in law indirectly asked 10 lac rs... he knows that i am doing process for foreign PR. is he doing all this divorce process for money? (currently he is suffering from huge bank loan)

5)one of my wife relative told if we will not sign 100 rs stamp paper then they will do case of maintenance.. i dont want to give divorce and want to stay with my wife... even though i have to give maintenance? 

6) as per my wife's relative statement my wife dont want to stay with us, so i asked for one meeting with my wife but her relative told she is not ready for meeting... but few days back my wife told in message that she don't want divorce but her parents want divorce and she don't want to go against her parents decision., so living together is not possible. will this evidence useful in court? if yes, how?

 
 


Learning

 12 Replies

A walk alone (-)     28 October 2016

Do you want to spend some time in jail or want to roam court for long period? Why you want to waste your life in roaming court for such wife which dnt love you or who dnt want to come back? Your wife is enough adult that she can't do anything under pressure of her parents. She is only making you fool and playing with your feelings. As you say they want divorce better give her divorce its one of golden opportunity of your life. Otherwise for divorce they may file false cases on you and you will come very soon with a query related to 498a or Dv. No law no court can force your wife to live with you. Filing RCR is only waste of time and money. Once you file RCR she will backfire 498a or dv. You will run court for decades. Better go MCD find someone else.

Anuj   28 October 2016

Thanks for your response. i understand this golden oportunity that wife is asking divorce but they are asking divorce on 100 rs stamp paper..they are not ready to come in court and fle 13B mutual consent divorce. what to do in this situation? 


(Guest)
Autohide is wrong. Filing sec 9 application is best way ahead in obtaining divorce.

saravanan s (legal advisor)     28 October 2016

Divorce can be obtained only through Court and anything other than this is not legally valid
1 Like

A walk alone (-)     29 October 2016

100 rs stamp paper is not valid divorce. Ask them if they want divorce then you will only give MCD. Before they file any complaint against you, you should file complaint in local PS of threats. Hire lawyer he will draft you complaint then file it.
1 Like

Ms.Usha Kapoor (CEO)     29 October 2016

No, a marriage solemnized under Indian Hindu rights and rituals or under Hindu Marriage Act can not be dissolved by a single agreement on 100/- Stamp Paper. As per Indian Laws, a marriage can be dissolved only through a decree from a Family Court (having valid jurisdiction to pass that decree). If both parties are agreed for a divorce then a petition is required to be filed for mutual consent in Family Court.

Maybe your father in law is doing all this for  money only and   he is going  to the extent of breaking his daughter's mariage.

If you file RCR she may join you. IN mediation proceedings in divorce if both ofyou say we don't want divorce and want to live together the court will record this in writing and there is a chance of your wife joining you. You both are  majors and mature AND NO BODY INCLUDING YOUR FATHER IN LAW CAN BREAK YOUR MARRIAGE IF YOU BOTH PUT UP A STIFF FIGHT against YOUR  FIL's  OVERTURES AND THREATS. GOOD LUCK!. IF YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON.on this forum..

1 Like

ANOOP MAJUMDAR   31 October 2016

As I read your and mind of relatives of your spouse, a walk alone has given appropriate advice. But the difficulty is they are not ready for MCD. And they demand monies also. I would suggest you to file RCR petition as early as possible along with complaint of threats. Not in order to get effective decree, but to protect you and your family from unseen vagaries attack from other side. They will not really let you free so early. So attack is best defence.

ANOOP MAJUMDAR   31 October 2016

Mediation or conciliation are temporary reliefs which cool down the sobs but later on it rebounds with double magnitude

Vegitta   06 April 2017

Give ur consent once she married you can file divorce based on bigamy of wife and you can claim in court I have given my consent in the situation of threat. Send her husband in jail for having relationship with ur wife. And enjoy after that, note take video recording of her marriage.

Anuj   07 April 2017

I have different scenario. My filled divorce case on cruelty and two mediation sessions happened. After first mediation she texted me and I responded her. Then we both agreed to stay together but when her family knew she is talking with me. They took her mobile and broke the SIM card. She took another SIM card and same thing happened .. finally She stopped contact with me and last week we had one more session of mediation but due to her family pressure she has withdrawn meditation. Now I don't know what decision will court take.

Anuj   07 April 2017

I have different scenario. My filled divorce case on cruelty and two mediation sessions happened. After first mediation she texted me and I responded her. Then we both agreed to stay together but when her family knew she is talking with me. They took her mobile and broke the SIM card. She took another SIM card and same thing happened .. finally She stopped contact with me and last week we had one more session of mediation but due to her family pressure she has withdrawn meditation. Now I don't know what decision will court take.

Anuj   07 April 2017


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query