Need advise on divorce case

Even if she doesnot give acceptance the entire case can  work on merits. 

you would have filed for nullification based on the reason of non consumation of marriage.but in this case if the wife states that the marriage had been consumed then the marriage wouldnt be nullified.

in that case you need to wait for a year to file contested divorce on some other ground.till that time or even when the divorce proceeeding is going on you cant refuse to accomadate your wife in the matrimonial home.

can't I ask for her medical Check up as marriage has not been cosummated ....and what if , she comes to my home and try to create some situation on the basis of which she can file any allegation on me or my family.

can't I deny her even when she wants to come to my home ? And also she has threatened me wih he suicidal thoughts... if she attempts one but survive , she would probably ruin my life this way ?

Is there any legal way to avoid her coming to my home ?

You beat them up?  Bravo.  Good going.  Take her back would be my suggestion.  If you listen to lawyers and file divorce petition, then you are doomed for life.  On the other hand if you take her back, she will roam behind u like a puppy all her life.  Better take back the null and void case you have filed, you been married for 6 months nw, null and void wont work in your case, only filing divorce petition will be an option. if you are adamant about filing divorce take mutual divorce, which is best for all or else take her back and start living marital life., as I see no point in your filing contested divorce, she will file all criminal cases for the grudge that you beat all of them and also you did not take her bacck inspite of multiple requests, getting out of all false cases will easily take a life time.

 

I hope you are mature enough to analyze this advice and act accordingly.

@Punit - The foundation of the marriage is not strong. And the Marital life has crossed boundaries and enter into the door steps of the court.

And to add that you have Man handled them.

You blame them and they blame you. Where will it end???

If you have Trust and Respect and if you can manage her Life long take her and lead a marital life. 

Better go to a different city and make sure the communication is less with your Parents and In laws until you both have adjusted together.

If not then both of you including families will adjust going to Police Station, Lawyers Office and roaming around courts loosing Money, Health and Time.

Yes agreed some times things go hay wire, Okay Past is Past, what you have is Present and Future.

May be your wife Parents would have brain washed her to go back to Husband's house. You need to know the truth and whether she wants to join and willing to cohabitat from Heart.

Talk to your wife. See if things can be worked out. If she wants to join make sure she give it in writing that she will not commit suicide or make some drama...

You know her better..Good Luck to You.

@Helping hand , thanks for ur suggestion....yes I had to do it...my wife's family provoked me to take negative steps..i understand , I shud not reveal such things on a public forum but just wanted to putforth the truth before u all .....She is afraid to come to my home bcoz of the incident i mentioned .....I can not live separately witb her leaving my parents alone as thr is a lot of dependency on me from family perspective...if she really want to try and continue with this relationship then can't I get it written from her in court itself with our conditions ? Is it a legal way ?any negative implications of thiss ?

@SuperHero , thanks for your suggestion too !! It's not possible for me to relocate to any other city as I have to care of my family...Even I dont want to go for a contested divorce...if she gives divorce mutually then well n god if not then I am afraid what will be further consequence...I dont want to pay her a single penny as it was never my fault with this relationship...what has happened till now was all because of her n her family... One of my relatives who is a high rank police ofcr suggested me that if she file any false allegation on you , thr is no point in suffering something which have not done ...Better you do it n then suffer...it will take same time in court even when u r guilty or not guilty....we have passed on this msg to her family through one of common relative and they are saying they dont want anything and they will give divorce straight away...now I am just afraid , they shud not change their words in court... What kind of allegations they can file on us with all this? If she files false 498 and DV case on us and if its proved to be false case , then Can I take any legal action against her like defamation ?

Originally posted by : Punit
	@Helping hand , thanks for ur suggestion....yes I had to do it...my wife's family provoked me to take negative steps..i understand , I shud not reveal such things on a public forum but just wanted to putforth the truth before u all .....She is afraid to come to my home bcoz of the incident i mentioned .....I can not live separately witb her leaving my parents alone as thr is a lot of dependency on me from family perspective...if she really want to try and continue with this relationship then can't I get it written from her in court itself with our conditions ? Is it a legal way ?any negative implications of thiss ?

MOU ie memorandum of understanding etc all looks like a big joke.  Though can be done, but does not hold any value, if she goes back on her words, then nothing can be done and LAW is just a mute spectator.

 

If you want to take her back, put all your thoughts before her.  Say sorry.  Ask for forgiveness, beating someone that too female cannot be called manly behavior.  Let her also put her thoughts across to you.  Come to a common conclusion and get back to living together.

 

If she wants you to take separate accomodation, then do it, girls cant get along with in-laws, and if you cant leave your moms pallu even now, or cannot leave them and go at this age, then you should not have gotten married in the first place.  Girls would adjust and go during my age and time ie in 70s not in 2015, now they want everything independent, they wont listen to husband why will they listen to in-laws?

Either ways you are the best judge for your situation.  Which ever decision you take, stick to it, dont waver, and later dont blame anyone including yourself for the consequences of the future.  Good luck.

Originally posted by : Punit
	@SuperHero , thanks for your suggestion too !! It's not possible for me to relocate to any other city as I have to care of my family...Even I dont want to go for a contested divorce...if she gives divorce mutually then well n god if not then I am afraid what will be further consequence...I dont want to pay her a single penny as it was never my fault with this relationship...what has happened till now was all because of her n her family... One of my relatives who is a high rank police ofcr suggested me that if she file any false allegation on you , thr is no point in suffering something which have not done ...Better you do it n then suffer...it will take same time in court even when u r guilty or not guilty....we have passed on this msg to her family through one of common relative and they are saying they dont want anything and they will give divorce straight away...now I am just afraid , they shud not change their words in court... What kind of allegations they can file on us with all this? If she files false 498 and DV case on us and if its proved to be false case , then Can I take any legal action against her like defamation ?

@Punit - You said its not possible,but if you are given a job in Foreign location with a good pay check would you straight away decline it. You would think about it right...

There are Soliders who fight at the Country borders leaving Parents, Wife and Children...protecting the Country.

Yes I agree you have to take care of Parents, but People have different mindsets and attitudes in today's world.

Better if you take a rented accomodation atleast 2 - 3 houses away that is not something wrong.

Some measurable distance is GOOD in my opinion rest is upto you. Advises are  well given..

Kill the Fear...Else the Fear will Kill You....

Again you are back to square one.......

Advocate Andrea Menezes

Family Lawyer Practicing at Bombay High Court

Contact: 9619165708