To get divorce from wife
AMIT
(Querist) 01 August 2013
This query is : Resolved
Dear Sir,
I got married on Jan 18, 2010. My wife doesnot want to stay with my parents. I am staying in bangalore and basically from rajasthan. She was with me but whenever we were going to native, she was keep fighting with my parents although my parents didnt say to her anything.
Her parents are interferring now my life also and always shouting which I had recorded also during talk on mobile. My father is a doctor and we had spent almost one lakh rupees for her treatment and after that she was able to carry a child. Although we were ready to do her delivery, she went to her home even without informing to my parents and now its almost five months over. She deliver a baby boy but didnt inform to me and my parents. Now I am too much upset and want to get divorce from her. Kindly help me what should I do ? Her parents are always telling that we have enough proof against me and my family members. They are very cruel and now I want to give her divorce and dont want to give her any maintenance also. Suggest me..
Adv Archana Deshmukh
(Expert) 01 August 2013
You are hurt so you are thinking in this way, but keep your mind cool as you have the child to think of now. Take the help of some relatives to bring the situation to normalcy. Do not think of divorce but if nothing works out and the situation worsens then, consult a local lawyer with all the facts in detail so that it can be assessed whether you have any legal grounds for divorce. As far as maintainance is concerned then you are bound to provide for your child and also your wife if she is unable to maintain herself.
AMIT
(Querist) 01 August 2013
Madam, already we had tried to settle the matter with the help of relatives also but her parents didnt want to talk anyone even their own relatives. They doesnt have any social contacts also even her parents didnt talk to most of their relatives.
My legal concern is that how can I devote my whole life with a lady who doesnot able to take her lifes own decision. Due to this problem even my parents has debarred me from ancestral property. I have a relation with parents but because of the fear of false dowry cases they had debarred me by giving legal notice in newspaper.
Advice me what a boy should do ? My life was so smooth from last 30 yrs but disturbed me from 3 yrs after marriage.
Guide me...
Adv Archana Deshmukh
(Expert) 01 August 2013
But what do they want exactly...? Do they want divorce or want to keep their daughter at their home without taking divorce? Try to find it out, so that you can decide further course of action. If they too want divorce then, go for MCD which will free both of you in 6 months. If not then other options will have to be assessed after studying facts.
AMIT
(Querist) 01 August 2013
Madam, she is not telling anything. She delivered a boy on July 25, 2013 but till now they had not informed us. Even after getting news from society some of our family members went to meet them but they didnt behave properly.
It seems that she want to stay with her parents only and dont want to give divorce.
I am having call recordings where she had even accepted that we had not asked any dowry or did any harrasment with her. In these recordings, even I had asked several times to her that go to home, my parents will conduct all the examinations and delivery, dont bother but she was not agreeed.
After that much, she had messaged me to transfer 50000 rs for delivery, I had transferred 20000 rs after asking to some advocate. But after this she didnt even call me. She called to my neighbours in bangalore after delivery but not me. What more should I expect from her ? Now I dont want to stay more with her, I am ready to take care of my son as my cousins who dont have a child, they are ready to adopt and we have very good relations, but I cant live with her.
Kindly guide me also to protect ourselves if they put false dowry case agaist us ?
Raj Kumar Makkad
(Expert) 01 August 2013
It is not wise to reach to such conclusion at the stage when your son is having an age of only one week. Changes may come in the life of a person at any stage. Let her give sufficient time to become normal.
Do you think that the custody of minor shall be given to you? NEVER.
You shall have to give maintenance to both and the child shall remain with her mother. Better to amicably settle the issues after some months.
malipeddi jaggarao
(Expert) 02 August 2013
Good counselling by both experts. No more add. Instead of spending Rs.100000 on her treatment for fertility, you should have thought of breaking the marriage at that time. Now you have a son. As Mr.Makkad explained above, the custody will not be given to you that easily. When the custody of child is not with you how can you think of giving the child for adaption? Do you think that you have sole rights on the child? Be positive. Wait for some time without responding. A time will come that she would realize and come back to you. Hasty decisions will not work in family life. Is it so easy to get a better partner for a divorcee with a child? What is the guarantee that she will not behave in the same manner? Can you live without a life partner?
