Unknownfield (other) 09 October 2012

Wife seeking mutual concent

Hi Gurus

I got married in the month of may , from the day one she keep avoiding to have physical relationship.After a month or so she started sending messages like i dont like u etc..After that I informed her uncle and my parents .From july I dont even speak to her.But persuation was happening from my famaly.(we stayed together for 15 days)

Since she dont have father ,we spoke to uncle regarding both famaly meetings but nothing came handy.in September I have sent legal notice saying that come and live with me or I will file a RCR.

Reply came saying I am the one who refused to have physical relation and I am not mentally alright so She wants immidiate dissolution of marriage by mutual concent.they gave one weeks time or they will take legal action.

In that reply there no alligation relating dowery or harrasment (mentioned only mental cruelty ).That Too the SMS is due to frequent phone calls during office hrs.

Question 1.

Since If i go for mutual concent ,it will be like i am accecpting her alligations,

So I am planning to file a divorce case stating that I had made all efforts to live together and even after the notice u r reaction is like this.Now that u want divorece I also dont want to live with you.

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5 Replies

498 A fighter (Advocate) 09 October 2012

you send legal notice Now file RCR attch copy of that notice

give application to TI,SP,DSP,IG,DGP pariwar paramrsh kendra also mention that if they file DV or 498 treat is as false and pre plannes as file RCR record their converstion also dont you speak like that you want divorce etc you always say you want her to keep her with you just follow these

if she comes then your marriage saved and if she dont come then also you have no lost just say it is your destiny and legaly you are free and even they will not win maintenance case as she is leaving you by her own wish.

remember if go for any court case it is sure that they will file counter false cases of DV and dowry so be prepared read article of bharat sir how to fingt with false cases , and othere post related to dowry

also consult a good advocate and ready for AB at any time it may need

but if your matter get solved amiciably then go for it out of court and try to save marriage and make family. first

498 A fighter (Advocate) 09 October 2012

try to solve matters by involving the elders of both side give some time to your wife also to think and what is the actual reason of her behaviour.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 October 2012

Filing in a mutual consent divorce, does not in any manner amounts to acceptance of her allegations. It's very difficult to live with sombody who does not want to live with you, so if she's letting you walk out - take it with both hands. Give her a mutual consent. Brotherly Advise :)

Unknownfield (other) 09 October 2012

can she come and ask for damage or maintanance if i apply MCD That too she is earning very well

Bhawani Mahapatra (Law Officer) 09 October 2012

Its better, if you file a RCR petition, which will prove your credentials towards the maritial obligation, and watch how she act for such petition. If she protest, no problem, ask her to file divorce petition to which you can give consent. Probably if you follow this process, there will be no DV/Maintainance issue also.