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Gaurav (TL)     26 August 2010

Advise Needed

Hi,
I got married in Jan'10. After few days of marriage my wife started fighting with
me and my parents over very trivial issues.She started creating scenes.
Whatever my mother cooks, she says its not good and start fighting.She
keep on fighting with us.She used to go to her mother's house and from there
she used to threaten us, if you accept to live on my conditions then I
will come back, so we used to get her back by accepting her conditions.

One day she created a scene in our house by calling his brothers and mother
and left our house, saying that she won't come back.But then after a week
she started doing sms and calling me that please take me back, then with
the intervention of my elders I bought her back.

Again after a month she asked me that I want to go to my mother's place for few days.
I agreed and left her to her mother's place. But after 2 hrs of I left her there, her
elder brother called my uncle and said that we had filed a police complaint
against us and gave life threatening to me and my family. Then they said they
are not going to send their daughter and will file false cases against us. They
said that they want a separate accomodation for their daughter.
Neither me nor my parents called her or her family regarding this.

Then on one day, her brothers and mother,with local gunda elements
and their relative came to our house and created a scene by giving us
life threatening and threatening to file fraudulent cases if I wont get separated from
my parents.

Then my family members suggested me to take a rented home and try to adjust with her.If things
go well then bring her back to your home.

So, thinking positive I got separated from my parents and started
residing in a rented acommodation from 10th of Jul. For a week or so everything went well
but after that she started fighting with me over trivial issues and started
saying bad words for my parents and my other family members.
She asked me to do a complete cut off from my parents and my family members.
She asked me not to meet them, but I revolted and refused to do so, saying I am the only
son, so I have to take care of them.
Then she started giving me life threatens for me and my parents.
She started saying that she will again create a scene at my parent's house.
She will bring her brothers and other gunda elements at my parent's house.
She says that she will file a case against me and my parents in WOmen Cell.

One thing I want to tell that she is working and earning well.

I got so tensed and I asked her to do whatever she wants to do.
Humble request to please suggest me what should I do?

Now I request you to please answer me few things:

Q1. As I am living in a separate rented acoomodation, Can DV be filed against my parents as well?
    Since in a latest judgement, SC said for DV living under a roof is compulsory.
Q2. What should I do in my above described situation?
Q3. Can I file a divorce on the basis of mental cruelty and harassment?
Q4. Whats the procedure to file a permission for divorce before one year of marriage?
Q5. Should I file a divorce petition before she files a DV/498 or should wait till she files a case?



 



Learning

 5 Replies


(Guest)

@ Gaurav,


1. Does this below weblink "inspire" YOU ?
 

https://www.lawyersclubindia.com/forum/Abused-hubby-gets-divorce-Son-8217-s-Custody-23174.asp


2. If you are from Mumbai I can connect you directly with THE MAN in question in above quoted weblink to get peace of mind advise and methodology applied by HIM, tell me would your TL job permit you to go underground for coupel of days to meet this MAN in Mumbai !


March ahead man........

Gaurav (TL)     26 August 2010

i m frm delhi. I read this yesterday. I regularly visitor of  this Forum.

Arun, Please answer my questions.

Now I request you to please answer me few things:

Q1. As I am living in a separate rented acoomodation, Can DV be filed against my parents as well?
    Since in a latest judgement, SC said for DV living under a roof is compulsory.
Q2. What should I do in my above described situation?
Q3. Can I file a divorce on the basis of mental cruelty and harassment?
Q4. Whats the procedure to file a permission for divorce before one year of marriage?
Q5. Should I file a divorce petition before she files a DV/498 or should wait till she files a case?


(Guest)

Q1. My take: Before rented accommodation if parent's home was matrimonial home then the trend says she can very well array your parents in DV complaint and the beauty of Complaint case will be that it will be admitted too because trial court goes by Bare Act and for appeal they say go to Delhi HC !


Q2. My take: The hint I already gave by quoting the link. You  may if you have capacity can take lead fromt he link already provided and what the Mumbai based husband did.


Q3. My take: Complete picture can never be given in a public forum and based on above grounds you can still file and also you need to discuss these with a Advocate too.


Q4. My take: If you say you are regular visitor of this LCI forum then Sh. Arup has given the answer atleast to your nature of question atleast 20 times. Click Sh. Arup's profile and go under Froum messages you will get the answer.


Q5. My take: First mover always is in advantageous position.

Gaurav (TL)     26 August 2010

Thanks


(Guest)

@ Harsh,

Under Forum Rules it states as follows:


"Do not Advertise (direct or surrogate) or spam on the forums or through Private Messages. Lawyersclubindia is for personal use only. If we find you trying to sell products or post advertisement links on the forums or through Private Messages, your account will be permanently banned."


What is your take to LCI Forum posting Rules such as above !
 


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