Expert guidance
hello good day
(Querist) 19 February 2013
This query is : Resolved
respected members of the group,
good day.
my story is slight different.
m harassed husband but not from my wife but from my in-law and her relatives.
my story is as under in brief:
married in feb.'11
my wife left on 5th Dec.'2011, for no fault of ours. now more than one (1) year has been passed.
chances has she been a emotionally blackmailed by her parent because of certain ego issues with my parent. we did apologize for raising our voice to issues - being created by my in-laws - though we are not at fault but they are not in mood to accept it.
in this period, they circulate various type of rumors based on GOEBBELS TRUTH among members of our society to tarnish our image as well to prove the authenticity of the step they have taken.
this sunday [10-2-2013], they have come with a proposal for a mutual consent divorce. though they don't open their card yet, they do give slight ink link/idea to be ready for dire consequence if their demand/terms will not be fulfilled.
we are middle class family. in my family
1] grandpa [retired] of 84yrs , 2] my father [retired] - 61yrs,
3] my mother [housewife] - 55yrs, 4] myself [service] - 32yrs,
5] my younger brother [service] - 30yrs & 6] my youngest brother [student] - 26yrs.
me and my younger brother are only bread winner in family. my in-laws are very influential in society.
Like to know are there any legal REMEDY/SOLUTION :
1] to give pressure tactics on in-laws of my son to send back their daughrt to her
matrimonial home.
though me & my wife have no personal dispute among ourselves. but at the same time
chances are she might not be in a position to withstand continuous emotional
blackmailing further.
2] do have recording between me and my wife. like to know does it create any weight age
in rcr case ?
3] suppose they may file a suit/case under 498-a, 406, 34, crpc125 as well DV act - to
teach a lesson for not accepting their unrealistic terms/demands.
Elderly relatives told me that it is very difficult to file a case after the lapse of such a
prolonged period. so, like to know is this belief true ?
confuse what to do in this scenario ?
Will appreciate your suggestion /guidance.
regards.
gautam
p.s.: like to inform you some more details.
last dec'11, we went to my in-law home.
at that time my in-law told me they didn't mind if she wished to come. i clearly saw willingness in her eyes but unknown fear [best known to her] prevent her to come out and open to express her wish.
yes, she is jakki about what she decide but at the same time don't dare to disobey the wishes of her elders.
she told me once that she won't sign any paper unless i signed or say to sign.
may be this is one of the reason why my in-law want us to take initiative to file. for that they take every step to get instigate us.
don't know how to handle.
R.K Nanda
(Expert) 19 February 2013
query too long.contact local lawyer.
Sudhir Kumar, Advocate
(Expert) 20 February 2013
You said that “my wife left on …………, for no fault of ours.” This is common none says that he was guilty.
You have decided not to disclose the ego issues so the forum will not be able to decipher if you are guilty or not.
It is clear that
(i) You got married din influential family.
(ii) You wife did not even complete one year with you.
(iii) There are ego issues which are beyond your control.
(iv) You do not find proper to discuss these issues on open thread.
(v) She is not coming to join you and they want mutual divorce.
(vi) You are not ready for MCD.
(vii) You want her back
(viii) You want her back against her wishes.
(ix) You have still one brother to be married.
It is generally seen that girls family generally does not like divorce unless pressed against the wall. I do not know they may be exception.
Your questions are attempted as under.
1] to give pressure tactics on in-laws of my son to send back their daughter to her matrimonial home. though me & my wife have no personal dispute among ourselves. but at the same time chances are she might not be in a position to withstand continuous emotional blackmailing further.
Ans : This is a legal forum and does not advise on pressure tactics. This forum only advises the legal remedies.
It is only she who can decide as to whether she is unable to withstand her parents or your parents.
2] do have recording between me and my wife. like to know does it create any weight age in rcr case ?
Ans : this is not astrological forum. You are not disclosing what type of recording is there. Anyway filing rcr case is almost guarantee of case under DV Act and 498a.
3] suppose they may file a suit/case under 498-a, 406, 34, crpc125 as well DV act - to teach a lesson for not accepting their unrealistic terms/demands. Elderly relatives told me that it is very difficult to file a case after the lapse of such a prolonged period. so, like to know is this belief true ?
Ans : You are not disclosing what were their demands and it is difficult to say if these were unreasonable. Criminal action your family if palnned by them is not time barred in just one year.
she is jakki about what she decide but at the same time don't dare to disobey the wishes of her elders. she told me once that she won't sign any paper unless i signed or say to sign.
Ans : The expression is not clear
may be this is one of the reason why my in-law want us to take initiative to file. for that they take every step to get instigate us. don't know how to handle.
Ans : They have already opened their intention of Mutual divorce. You cannot compel her to come even if you file rcr. In reply to rcr she will be forced to say the reasons (real or unreal) which compels her not to come.
Just try reconciliation. Peace is never costly.
hello good day
(Querist) 20 February 2013
respected sudhir kumar,
thanks for your reply.
(iii) There are ego issues which are beyond your control.
they were at fault though my parent apologize.
(v) She is not coming to join you and they want mutual divorce.
her mother and relative say so. she [my wife] never utter a word of Divorce.
(vi) You are not ready for MCD.
m ready if she is willing to have it.
It is generally seen that girls family generally does not like divorce unless pressed against the wall. I do not know they may be exception.
i totally agree with you. but EXCEPTION always proves that law.
1} to give pressure tactics means LEGALLY.
2] recording to prove how we intimate in this situation.
3] they don't open their card, but suppose they [my in-laws] demands unrealistic. wish to ready for worst.
4] not my intention to compel. but whatever is being happened against her wish.
