Vikas Sharma (Sr Analyst) 06 May 2014

Seeking divorce

HI All,

I am seeking divorce from my wife. Though no legal process has stated yet, the present condition are under

1)- I have told her parents about my decision and they are ready too but asking unreasonable amount ( 100% ownership of my house in Mumbai, all jewellery and 1 cr rupee)

2)- When i say no to these demands, they become hostile and started showing the fear of false cases of Dowry and domestic violence

3)- I lives in Mumbai and as of now my wife is in Delhi. She is planning to come to Mumbai and thinking of filing case in Mumbai. ( in her understanding it will be easy for her to frame charges if she is living with me)

My questions are under

1) How should i stop her coming to my house in Mumbai? ( I has already changed the lock but probably she may break in)

2)- What Precaution i should take in case she files cases of Volence and Dowry

3)- In Case if it does't work out mutually, on which grounds i can file divorce. ( This is not a Adultery case)

Pls help

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 06 May 2014

1. In a subsisting marriage a spouse cannot stop another spouse to enter home. However exception is there in case the wife is in govt. service and it is her allotted home then she can stop her husband to enter her home. But here the case if not so. If she breaks lock and enters then maximum a ‘theft’ case can be lodged but then it will be start of your journey to various family court corridors, hence it should be avoided if this home is in your registered name and it is her matrimonial shared home too since marriage.

2. Start compiling evidences of you being the good spouse. It could be bills of her up-keep, it could be sweet talking relatives / friends who attended your marriage on your good character, it could be neighbors who could come forward and vouch for your character. It could even be regular maintenance you pay to her for her upkeep. There could be some audio / video recordings of your good character when she was shouting or threatening you (in past) etc. etc. It could be suggested that you spend daily 1 hour to read past discussions under Family Law and Criminal Law forum on issues related to matrimony to educate yourself how difficult it is to prove once innocence.

3. You have no available grounds to seek divorce form your wife as per your short brief.

4. Sweet talking once way for MCD is a art. It cometh with experience and not possible in so abrupt scene as per opening mention of your brief. Flip previous sentence and now I say it (divorce by mutual consent) may be possible if all their (her) demands on monetary compensation are fulfilled and then carries forward with once youth and productive years.

{Last reply}

ROHIT SHARMA (Legal Advisor ) 06 May 2014

Dear Mr. Vikas Sharma.

1. I have read your mind and her side planning also.

2. This is a situation when one needs to think of all that can revised.

3. The relevant facts of the background of your marriage and the factors of your martial dispute need to be revealed by you in privacy to this lawyer so that your concern as about seeking divorce can be assimilated and proper legal avenues are distinctly envisaged.

4. You can also deem it prudent to file a written complaint at the nearest police station where you reside against your wife and her parents alleging that they are putting you in fear of accusation of an offense in order to extort money which such act is punishable u/s 389 of I.P.C. This action needs to be taken at the earliest before she lands up in Mumbai.

5. If you have the time and the need for further in depth deliberations in such context then you can consider its fruitful to have a brain storming session with this lawyer for that you may opt for post paid phone consultation.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 09824047971.

E-Mail : lawgate1349@gmail.com.