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Singha Rao (Engineer)     19 January 2013

Urgent help on divorce_cont to earlier message

Hi all,

   We got married before 1 and half year. As I worked at abroad, after that she joined with me and we both stayed together for 5 month. By the time she was not ready for family planning for long time. Then when she accidentally got pregnant, but she and her mother was not interested on that pregnancy and after that it got miscarriage (reason unknown). After that once she go to India she don't want to come back me and by the time something changed in her mind which is supported by her parents. As we did not have any mediator or known person in between, and as her house is 300 km far from me, so now I cannot able to now her situation. Now she is telling that she want to job at India. As he know I want to settle at abroad, so she is telling like this and whatever she is doing she is not sharing with me, even she is using different Mobile which she don't want to share with me. Now our staying apart is around 1 year. In between in a occasion our family she came, when I also came down from abroad. But she flatly denied to come to abroad with me Then I called to her parent to my home  to convince her and send with me. But instead of they support for our conjugal life, they took back to their daughter with her all belongings, certificates and gold ornaments.

In between following thing happened:

Reason -1:   My wife had 6 lakhs of study loan for her study..Before marriage once I knowwe cancel the marriage, as I am from lower class family which I might not support. Then her father and my wife say that that is not my burden. Her father will return it. Then we did marriage. This thing I don't have any record.

  After marriage now her parent took my wife and they put pressure to my wife. For that my wife say that I will do job near my home, "it is not necessary to stay together". As my parents are in financial problem, so I have to stay here.. Then I raise this matter to her father, now also I will return her loan but as she want to return her loan what can I do?

Basically her parents are playing dual game.. They are giving pressure to my wife, but her father is outside telling that he will return the loan..

After marriage one month she stayed at my parent's home, then she quarrel with my mom and sister in law and left her mother home.. Now she is saying that I will not give excuse to every body...For that unnecessary making some issue and she took her certificate and her parents are helping to give job near to their home town.

  By the time as I stay abroad, by this procedure her dependent visa also canalled as she is not here for renewal..

  As I am already 35, then also in phone she is denying for getting baby in near future..and she is telling it is not necessary to stay together.

  Reason-2: Again she had a boy friend before marriage, and after marriage also in my absence they used to talk. In one record that boy claiming that '"I am remembering you too much..unfortunately I did not get my phone no. Otherwise I might I asked to him (to me) to return to her at any cost. Then he tried to ask many thing about relation"" Then my wife also please don't recall me this thing. After that I ask to my wife why you are doing such thing after marriage. When I told to her parents, then they told that nothing wrong with our daughter, she had many friend, that is her decision, we cannot do anything. Even after marriage also her parents are in touch with her old boy friend in many matters.

Now:

 

When last time I raise all these matter to her father, he is not ready to do send his daughter , not coming for compromise and no any step from their side.

In order not to join with me (and hide some of her faults) she is raise small small issue about my mother, brother, sister in law, brother in law.

 

Ø  So what to do in such situation?

Ø  Now I asked to my father in law to settle these issue with my family guardian, but they are very claver. Although he want to talk but same time my wife directly told not to talk for mutual discussion.

Ø  Can parent's have right to take her and give job near to their home town, with my knowledge..Is it not necessary to stay together (husband and wife) after marriage..

Ø  I don't think in this case RCR will help for me (somebody suggest me,  although it may save some alimony , but it kills a lot of time and invite false 498a, DV etc cases)

Ø  In case is it the sufficient ground for diverse, as she don't want to join with me.

 

Now my question?

 

Now very difficult to know what she want she what is her final decision. Over phone every time talk nice, but she don't want to join with me.

As she don't want to join with me anymore..

 

1. I am planning to ask for mutual divorce through advocate and if they not agree then I will file direct divorce.

2. Which one is more effective after filing 498, DV etc. on me (once I file RCR or divorce)

3. My advocate say that once she will file false cases like 498a and DV etc, and get arrested then we cannot get anticipatory bail. We can get only regular bail.

4. If any fabricated case on my relatives, those who have govt job, whether these false criminal cases may effect on their job?



Learning

 3 Replies

piyush (employee)     19 January 2013

Dear Mr. Singha Rao,

                                  The descrpition given above has stated many facts, I am unable to understand whether you want to stay with your wife or not? If yes than you can file a petition for RCR, if not than you can awail for Divorce as you both are already staying away for more than a year. Regarding Sec 498A, your wife would have to prove facts in order to establish the harassment by you and your parents. However talk to your wife on this matter of divorce by mutual consent. If you file for RCR her claim u/s 498A would be less effective. You can settle it both amicably or file a Divorce petition.

Singha Rao (Engineer)     19 January 2013

Thanx a lot Piyush for your valuable suggestion. Actually till now she is not expressing her intenstion properly. Day by day she is tellingdifferent things. As I am around 35, So basically I don't want to spent my young time by running behind her. As after a lot request she did not join with me, and making small small issues and staying apart from me and my family, So I am bit confused in this peak period. please suggest me if I will directly file the divorce case, what will be the pros and cons?
I know initially they will maek a X-number of allegation against of me. That is the usula for all girl side, to extrat money..

piyush (employee)     19 January 2013

Dear Mr. Rao,

                        At this stage of your mind frame, I would emphasize more on your mind frame. Decide what you want. Yes you can file for Divorce case and do not be afraid of the allegations, Court also takes into considerations of who has filed for Divorce Case and for what reason. It is better we talk as this platform has its limitations on clarifying your issue. My no. +91 020 65108782. Please read my profile and also about my firm, we have team of legal experts to resolve your case. 


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