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i want to live with my wife. please help me

hi i am khaleel, am a HR manager in a corporate company in chennai,

i'l come to the point directly,

i am a muslim, and my wife is a christian, we both loved each other for more than one and a half years. we both told our parents about our love but they didnt accept. but my family were convinced after seeing her, but in her side their parent are very stuborn and they were very keen about thier religion, i told them that i am willing to get Converted as a christian but they didnt accepted. so finally we decided to get registered marraige. so on january 21st 2008, we both got married. i married her in presence of a paster in a church and then later i registered our marraige in the Govt. birth,death and marraige office.

my wife native is trichy which is 300km from my place, i am from chennai. my wife
is a B.E graduate same as me. we didnt even lived together not even for oneday. because, we both came to chennai, got married and went back to her native on the same day itself through flight. because i felt that we both should start a happy life after the acceptance of her parents.but things went straight opposite i.e after marraige, i met my wife twice and told her that i have decided to talk to her parent regarding our marraige. and we had planned to talk to them in the month of febuary. and i informed my parent that i have got married to my wife. initially they were angry on me but later they accepted and they decided to talk her parents.. everything went very cool...

in the meanwhile i went to my wife's native to meet my family relative(Cousin's husband ) who is a well known person to my father in law(FIL), this is were i was fooled by my relative.i dono what happend, he took police to my wife house and insulted her father and stating that they should send my wife with me. but my FIL said that he accepts the marraige and he said he wants two months time for him,so that he can arrange a formal wedding infront of the society. so mywife and myself decided to be in our parents home for two months seperatly,

the worst part is, that this guy& his wife went to mywife's home, and met her parents.he told that, my wife should get converted as a muslim, and he furtherly told the following my father would die if he knew that i had married her under Christian rites. and my cousin sister also went to mywife house and told that the i had told my mother that my wife was already leading a life of a true Islamic woman though she was living in a Christian family and that was the reason in which the my mother parents accepted for the marraige. and she told my wife that i never completed my education and i was visiting Trichy to complete my arrears by staying at her house. and my cousin sister further told my wife that i had informed her that i had presented 10 sovereigns of gold jewels and dress to mywife. Then that guy told that i would force my wife to convert to Islam after our reunion within two months. Further he told that the i was continuing to smoke without mywife's knowledge. Even if my wife converts to Islam she along with me had to stay alone in separate house and her interaction with the respective parents should be formal and minimal only

the conversation of my relative has happened in my wife home had happend without mine and my parents knowledge. and the later part is that my relative started giving wrong information about my wife to me & to my parents,so what i did is, i juz went to mywife's house to ask sorry and to explain that something wrong is happening around me & mywife. but i was thrown out of their house and insulted. but i can understand their feeling and frustration. so i came back to my home calmly.

but my wife informed everything through her friend about the coversation between my relatives and with her parents.
the shocking news is they have filed a divorse case against me in Section 18 & section 19 of the indian divorse act 1869.

they have filed the case that "no other option except filing this petition praying for a decree annulling her marriage allegedly solemnized and with me under duress, threat, force, coercion, intimidation and undue influence Under Section 18 and 19 Of The Indian Divorce Act ,1869".

I want to live with my wife because we both didnt do any mistake.....and all the evidence and documents of the marraiges are with me only. and all her friends knows the truth and supporting me. my parents are ready to talk to her parents and my family were not intersted in converting to muslim. even i hate converting my wife from her religion. i love her only not the religion. my parents are hesitating that, as my fatherinlaw has file a case for divorse. if they go to my wife's house that might create problem to me in the case, my parents wants me to live with my wife.

so kindly advice me how to go further

when she came for the first hearing to the court the judge was on leave but we were asked to go for counselling. my wife said that she wants divorse because, that i have insulted her father so she wants divorse from me.and my next hearing is coming on 25th of june. please advice me whether i have to counterfile before 25th or can get permission from the judge and file the counter after the next hearing.

i have planned to file an restitution of conjugal rites.

does there is any possiblities for me to get wife.

please give me legal advice and help me to live a happy life withmy wife.

regards

khaleel

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5 Replies

SROTAS -Global Legal Services (LEGAL) 07 June 2008

Hi Khaleel,

You can file restitution of conjugal rights. In that you can succeed definitely. Where they have filed the Divorce Petition? For further assistance, please feel free to contact us at 09900595252 contact person is Mr.Satish. They are having offices at chennai, Madurai, Bangalore and Noida

Subhash Rakshe (Advocate) 07 June 2008

a person lefft India in 2004 for UK, and now his wife in India isnot able to locate him. Is it possible to take help of any official departments of Inadia or UK. ? what are the other sources to get presenr address of the person in UK?

arunprakaash.m. (advocate) 09 June 2008

you can contact indian high commissioners office in London. you can also place an advetisement in local newspapers in U>K>

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 04 February 2010

mr subhash,

has he left without passport and vissa? you can chase him on that point also, apart from high commission office.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 04 February 2010

Mr. khaleel,

The bellow is the secs 18,19,20. Of the Indian divorce act. Please read it.

18. Petition for decree of nullity.-Any husband or wife may present a petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void.

19. Grounds of decree.-Such decree may be made on any of the following grounds:-

(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(2)that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;

(3) that either party was a lunatic or idiot at the time of the marriage;

(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.

Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

20.Confirmation of District Judge's decree.-Every decree of nullity of marriage made by a District Judge shall be subject to confirmation by the High Court, and the provisions of section seventeen, clauses one, two, three and four, shall, mutatis mutandis apply to such decrees.

As you mentioned, no such grounds existed in sec 19. However, don’t worry. Getting divorce is far away from your present position. First of all her grounds are vuege. As s

He told that, you insulted your FIL, it is also not a ground for divorce. You start conversation with your wife and explain the whole matter. If she still adamant, then your option is either, pray for restitution of conjugal rights which bring the divorce fast,

Or can pray for mutual divorce, or keep the marriage hanging – in her every point say ‘no’. the burden of prove is on her.