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Mutual divorce filed on pressure of wife parents

(Querist) 07 January 2013 This query is : Resolved 
Sir,

My marriage was done on 12-06-11 as arranged marriage and my wife lived with me only for 6 months.Since 1st JAN'12 she is staying with her home itself.The main thing is she got Hypo Thyroid as extream level and it comes as mental depression 2 months back. Meanwhile, the doctor says thyroid problem may be affected 2-3 years back but her parents couldnt identified.i found the same on December'2011 and informed her parents, but they didnt accept.

Her father is a business men and he is opposing me on every moments without any particular reason and not ready to send her to my home. Lot of meetings have arranged several times for getting their issues and solve it out,but he never change his decision and informed me that he wont to continue my relation and ready for divorce.

If she wont me,i am ready for divorce but i didnt get any confirmation from her side personally.Few public leaders have take up the issue and discussed with her father but he is not willing.

I have contact their middle men and asked to arrange a counseling, But they said her parents not ready to hear anything and he is not willing to send counseling.Now he want mutual divorce immediately.But on last march, she has told me, ultimately it may goes to separate if her father have to involve on this issue.Now the same thing is happened.I think she is getting brain wash from her parents side for stick on their decision.

Last month, her father met with my uncle through some middle men and try to gave her wedding chain.Now he is keeping her wedding chain without intimate me.

At present i heard she is normal from mental depression and treatment is going on under psychiatry.Actualy she has hypothyroid at extreme level and ultimately it came as mental depression.So i have little bit fears for living together without her parents support.

Two weeks before, both of our public representatives have met with an advocate and decided for filing a mutual petition.during this time her father has asked to return back her gold ornaments with wedding chain from our side and he also kept her wedding chain(In kerala,it known as "Thaali")for return back to us. After that advocate has told it can be handed-over if you have no objection and make another agreement on out of court for it.They want the same immediately,So public representatives have been decided to handed-over all the things and make an agreement.

I think her father is deciding everything without her confirmation.She is believing blindly,so they are giving wrong information against me for keeping as a cheated guy because she doesn't know what is happening there.

Since March 2012, i couldn't communicate her, actual i dont know why they are keeping this kind of behavior against me and my family. I think he is miss-understanding me.

On 12 August 2012, she got mental depression due to Hyppo thyroid issue and admitted in hospital for psychiatry treatment for 2 weeks.Since March 2012, i couldn't saw. Now i dont know what is her health status and all.

Finally as per her parents pressure, our middle men deceded to file a mutual divorce and we have signed Mutual divorce petition without any talks/ getting at least a counseling.

ANYWAY I WANT GET A COUNSELING WITH COURT ORDER AND ALSO I NEED TO KNOW WHAT IS HER OWN DECISION AFTER THE COUNSELING.

So any possibility to arrange a counseling immediately during the cooling time itself? It must be get from court end because without court order her parents would not send her to attend the counseling. Also i couldn't call her directly because she has no mobile,only land line is there.I am trying to get her call for speaking everything ,but i have no way to contact because she is staying her home itself under her parents custody.

Kindly advise me how can i get her? If she loving me 100% and ready to live with me,i am ready for living together,But before that court must be ordered a detailed medical check up before living together because she got mental depression and treated under psychiatry.

Expecting your valued advise.

Shajil mv
R.K Nanda (Expert) 07 January 2013
contact local lawyer.
V R SHROFF (Expert) 07 January 2013
YES you can demnd councelling at any time, taking it on court board, and apply for it.

If u do not want divorce, you need not appear in second motion after 6 months or you can apply that you do not want divorce, and withdraw your consent. The court will not allow Divorce Petition.
Thereafter you wait & watch, and help her directly or indirectly 4 mental treatment reqd if any .
SHAJIL (Querist) 07 January 2013
Sir,

Any possibility to recover her previously returned assets like gold ornaments if she comes with me after the counseling.
V R SHROFF (Expert) 07 January 2013
First recover ur wife, things will automatically follow::
r husband, and only u have right over mentally sick wife.
Devajyoti Barman (Expert) 07 January 2013
you are interested to get your wife back or her ornaments?
Decide it first.
Raj Kumar Makkad (Expert) 07 January 2013
I do endorse the views of Shroff.


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