LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh kumar (chief executive)     26 August 2010

Very critical situation - please help me

I am in a very critical situation now. I briefly explain my problem. Please guide your best to solve this issue.

I got married 3 years back and I am living in Australia until now with my wife. We both are PR of Australia. Just one year back I sent my wife to India since she wanted to live with her parents for some time. Suddenly one day my father-in-law called me and telling very bad about me and my family. Finally he said I am an impotent and she doesn’t like my and my family members. (Please note that we had visited my house only 2 times in the past 3 years and she stayed with my parents only 8 days in total). I must give her divorce otherwise I will face legal consequences. Immediately the same day I went to India to meet my wife & her parents to know the problem. Actually we never had any big problem until that time. I went alone & they were all talking very badly (including my wife) which I can’t even print here. Immediately the next day they called me to see their lawyer. The lawyer was good and he tried to solve the problem and avoid divorce. There was no decision made that time. Then my wife came back with me as per their lawyer’s advice. After she came here I understood that she feels that she is not satisfied s*xually & the life style she expected is much higher then what I do. (Actually her family is middle class just like me). Moreover I found that her mother is the root cause for the entire problem. The same time their parents also started threatening me for dowry case and my wife also stated feeling inferior. She started talking very bad about me with our close friend circle too. Finally I decided to go for mutual divorce. My wife also wanted the same. Just 4 months back we both went to India to file a mutual divorce. Their parents were reluctant and expected huge compensation. Since I love my wife I accepted most of the demands. We signed MOU and filled mutual divorce petition.

 

Now I and my wife are still in Australia and she staying in our matrimonial house (I am the one paying all loan repayment) as part of MOU since she also working here. Since I don’t want to harm her I accepted her to stay in one part of the house (another room) and paying all the home outgoings including food and her expenses. Till date I never used even single penny from her salary and giving her pocket money for her expenses even after applying divorce (not part of MOU). Suddenly one day she came to me and said that she want to live with me.

 

I felt happy but due to her parents & her attitude I don’t want to continue this marriage. Since I last my self respect and social reputation I just want to continue divorce proceedings without harm my wife. Luckily till date we not planed for kid. Now she says that even though I go for second motion she won’t accept for it. In the other hand her parents don’t want to talk to me or my family members. Also they always pushing her to divorce (I listened some of her phone conversations with her mother – I know its mistake please excuse). Since she is impulsive in nature & her mind set is not stable always, I want to go for divorce. Actually similar situation had happened every time when my wife visits her parents’ house. (But not this worst)

 

Please advice me in this situation what should I do. I want divorce at the same time I don’t want my wife to take any drastic decision. If she doesn’t come for second motion I want to withdraw the case and file divorce case in Australia itself (unreasonable behavior). Any legal issues. The reason is I am eligible to apply here at the same time it won’t take much time and straight forward. Compensation part I am ready to pay more than I accepted in the MOU – after all it’s for my wife.

 

Please advice.



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 August 2010

From your post it appears that you don't have much problem with your wife the only problem is with your in-laws. So, why don't you both take the help of a marriage councellor to develop better understanding? If you are firm on taking divorce then if your wife'll not appear for the second motion then, it will get rejected as per the present postion of law.

satnam singh (job less)     27 August 2010

wife always follow her mother ( mostly ) she have relation with you only for few years but she she is part of her mother and father she cannot ignore them for life. she can left you but can not left her parents  like us.  so please go for MCD. don't give her any chance.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register