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Forced mcd please advise

Page no : 2

Manpreet (Manager)     01 March 2015

@ Depressed Soul & Saurav

Your love for your so called wife is really praisable.

Please think  few things

1. What she has done for you ? (Exept letting you down and developing frustation in you)

2. If she donot want to stay with you due to family pressure or any other issue,u  cannot make her stay with you.(Think in max love marriages girl marriages against the wish of her parents,wht happened to your wife,after marriage also she is not able to convince her parents,good drama she is doing)

3. If it would have been a college affair then we can  understand the family pressure & all.

4. Look its good that you are getting out of this mess without any big hassle. Think is you donot go for second motion she may file criminal cases and matter will go into litigation.

At last donot follow her like a looser,be brave and let her go.But if you you donot want to let her free,then file cases agains her and family members for trying to break your marriage. But believe me if you file one criminal cases against them they be in big soup but for that you need to have guts(If you realy love her u should have)

Expecting seniors reply

Saurav (Engineer)     01 March 2015

Originally posted by : Manpreet

@ Depressed Soul & Saurav

Your love for your so called wife is really praisable.

Please think  few things

1. What she has done for you ? (Exept letting you down and developing frustation in you)

2. If she donot want to stay with you due to family pressure or any other issue,u  cannot make her stay with you.(Think in max love marriages girl marriages against the wish of her parents,wht happened to your wife,after marriage also she is not able to convince her parents,good drama she is doing)

3. If it would have been a college affair then we can  understand the family pressure & all.

4. Look its good that you are getting out of this mess without any big hassle. Think is you donot go for second motion she may file criminal cases and matter will go into litigation.

At last donot follow her like a looser,be brave and let her go.But if you you donot want to let her free,then file cases agains her and family members for trying to break your marriage. But believe me if you file one criminal cases against them they be in big soup but for that you need to have guts(If you realy love her u should have)

Expecting seniors reply

 

 

Dear Manpreet

 

Answers to your questions:

 

1. You are correct. 

2. you are correct again. I personally can say the reason I am not giving up is I want to give my 100% before the final divorce. I also do not want to be saying wrong/doing wrong things to my wife during this period.  The only reason is that I DO NOT WANT TO DIE by Guilt if the divorce happened due to my fault......That is the only reason I personally am not giving up. If it does not work out then so what?......I willa tleast have the confidence that I tried my best.

3. 3,4 and 5- Thank you for your wise advice.

 

That is EXACLY what I have done 10 days back when my wife told me not to contact her anymore. And of course NOTHING in this world can be forced.........even LOVE.

 

To give you my opinion..........I am AGAINST the whole concept of MARRIAGES ITSELF...........and especially against the concept of ARRANGED MARRIAGES.

This arranged marriage is a barbaric custom brought about by Brahmin priests and imposed on our society to maintain Caste system. It is prehistoric tradition and is not relevant anymore and should be done away with.

It is always better to do Love marriages like in the Western countries where Lovers meet, talk, have s*x for a number of years before they both finally decide and settle down and do marriage and then have kids.

This is a more Human culture.

Atleast concepts of Cheating, Wife running away, Wife 24*7 in Facebook/Whatsapp, then Wife filing cases etc.............will STOP HAPPENING FOR GOOD.

 

I hope you understand where I am going at.

 

 

 

Krishnaya vasudevaya (--)     02 March 2015

Originally posted by : Saurav





Originally posted by : Krishnaya vasudevaya






I have been forced to sign the MCD petition since my wife threatened me that she will commit suicide but she did not say this herself but her parents and other relatives told this to me while we went for out of court settlement. 

They also did not claim any alimony or sreedhan hence my parents compelled me to divorce her since there is no demand for alimony. Since things are smooth, lets get divorce under MCD. I heard in MCD cases, court gives you 6 months cooling period hence I agreed for MCD. I thought later during the 6 months cooling period, I will try to convince her and also try for counselling. But I had come to know that during the first hearing on 9th April, her lawyer is going to file a application to waive off the cooling period. After hearing this, I had become very sad and depressed. My parents told me to move on and get married again but it's not possible since I still truly love her. I am currently in a do or die situation. Either I get her back or else I will quit my life. 

 

I have been crying for the past 4 months. Due to the social stigma, man cannot cry, I was not able to reciprocate my feelings to anyone. But after hearing this, I cannot control my emotions. Now i am not really sure why my wife is rushing things and wants to get divorce without even waiting for the 6 months cooling period. Did she found any other suitable match? I hope not. If yes, I will not be able to see her in someone else's arms. I am already heartbroken and would not be able to bear this pain. 

 

My lawyer told 6 months cooling period is waived off in rare cases and completely depends of the mood of the judge. I am suspecting, my in laws have completely brainwashed her and convinced her to end this soon before she changes her mind. My told me that I can either say NO during the first hearing or don't attend the hearing itself. I told my lawyer that I will not divorce her on grounds of mutual consent. I will divorce her on ground of non consuming of marriage and cruelty. But my lawyer told, if i want to fight it out, I would have to spend, time and money and it will around 7-8 years to get divorce and during this time, I have to pay her maintenance and she can also claim for permanent alimony. 

 

I am really confused. I have been forced by my family to divorce her since she is not asking for alimony or settlement. Is marriage and relationship only about money? Does nobody care about the relationship? My parents tell me to remove her from my mind and move on but it's not easy but impossible. I am caught in the middle right now and need good and honest guidance. 

To be honest and frank, even though my thread will be viewed by many people, I am saying this in writing that I cannot imagine a life without her. I don't worry about, prestige, society, people, relatives, ego. I want to stay happily with her. I will try every attempt to save this marriage. The reason I will say NO for MCD is that I will at least get a chance to see her during the course of divorce. I can console my mind that still she is not out from my life. 

Please make some honest and genuine suggestion. Put yourself into my shoes and let me know what you will do in my situation. 

 

Hope to see good suggestions from senior members and rest. 

 

Regards

Depressed soul






 

Few questions you have not answered:-

 

1. Since first hearing is on April 1, I assume you got married on April 1, 2014. How many months did your wife stay with you ?

 

2. How was the relationship with your Wife during that period she stayed with you?

 

3. Why did she leave you and go seperate?. I mean do you know the EXACT REASON for seperation?.

 

4. This question is not important but could be........Why did she not consumate the marriage with you?.....Did she have a pre-existing Boyfriend/Lover which you were/are not aware of ?.

As someone else said earlier in the forum,.............I Hope this is not ONE SIDED LOVE. If it is ONE SIDED LOVE. Then I advice you to forget her for her sake.

Thats why I asked you again and again for how many months she stayed with you and in order to develop Love this question is very important...........I dont believe in Love at first sight............and the fact that if she did not Consummate the marriage with you makes this question even more important.

 
Hi Saurav,

 

We got married on 10th December 2012 and stayed together for almost 22 months. She went to her parents house on November 2014 claiming some function and took all her jewellery. We have been separate for the past 4 months. 

She initially filed section 125 and we in return filed section 9 (which was a biggest mistake) from our side. We went there for out of court settlement to convince her. My family members pleaded, apologised, begged and made all efforts to save the marriage but she told she don't want to continue. We also made a request that we will live separately in a different house and requested to give us the final chance for 1 month. But couldn't save the marriage. 

With regards to LOVE, we were in love with each other from day 1 we met. It wasn't one sided love. If it would have been a one sided love, she wouldn't have cared for me. when she left to her hometown in November she sent a message that she is missing me a lot. But later her phone was switched off, I was not allowed to speak to her, we went there personally to meet her but we were refused for any interaction. 

Non-consuming of marriage holds a very ground in this case. I have mentioned it in my section 9 notice that she did not allow the marriage to be consummated. Now we are not sure why I am not even allowed to speak to my own wife. Her family must have been brainwashing her since she left me. 

I will give more detailed reply on a followup. 

 

Regards

 

Krishnaya vasudevaya (--)     02 March 2015

Dear All,

 

Thank you for your guidance, support, suggestions and honest advice. The time has come for me to take a final and firm decision without thinking much. 

 

I have been advised the pros and cons of saying no for MCD. To start with, I am 100% sure getting divorced is not her decision but being forced upon by her uncle. Her parents are not even involved in this since they claim that they listen to the advice given by my FIL's elder brother but no one else. He is main person in this whole story who is trying to get us separated from what I have been seeing in this past.

 

To start of with, I don't wish to disclose the personal things and facts about the case in a public forum. But I can say with all my experience and after 2 years of knowing each other that this is not her decision. Otherwise she should have shown interest to speak to me and sort out all the differences. 

 

1. She was in constant touch with her parents on a daily basis in the midnight. God knows what was the conversation all about. But speaking to them daily for an hour doesn't go well with me during the midnight. Is this a valid point that she must have been brainwashed?

2. During the last 2 meetings, we were not allowed to speak to each other in private. When we were given chance to speak to each other in an open forum, my FIL's elder brother was present and constantly interfering and showing physical signs to my wife. Whenever I start to speak about the questions which were left unanswered, I was told by FIL's elder brother that we don't want to discuss all that. He kept interfering when I wanted to discuss something really important. 

3. Even during the last meeting, when my aunt went to convince her, I was not allowed to enter her house to sort out the differences.

 

Now considering all the points, I am pretty much convinced that she was not allowed to speak to me cause she may get prejudice and change her decision and decide to stay with me. That could be one of the reason. As a husband, I am not in a hurry to get divorced but they are in a hurry to get divorced and their lawyer is going to file a application in SC to waive off the 6 months period. I am not really sure why they are in such a hurry to rush things. Are they doing this before my wife changes her mind? 

 

There's also another possibility to all this. My FIL's elder brother is moving to USA to get settled permanently. Are they planning to get divorce decree soon so that they could take my wife with them? Other than this I don't there is a reason they are rushing things. 

 

I don't think she has any love affair with anyone else. That's not even possible in the widest dreams. She is a very honest girl. In fact she told me outside court during the final conversation that, "please don't think I will marry another good looking guy than you and live with him happily", If you have that thought please remove it from your mind. So I don't think extra marital affairs has any kind of role to play here. 

Regards

Krishnaya vasudevaya (--)     02 March 2015

Originally posted by : Manpreet


@ Depressed Soul & Saurav

Your love for your so called wife is really praisable.

Please think  few things

1. What she has done for you ? (Exept letting you down and developing frustation in you)

2. If she donot want to stay with you due to family pressure or any other issue,u  cannot make her stay with you.(Think in max love marriages girl marriages against the wish of her parents,wht happened to your wife,after marriage also she is not able to convince her parents,good drama she is doing)

3. If it would have been a college affair then we can  understand the family pressure & all.

4. Look its good that you are getting out of this mess without any big hassle. Think is you donot go for second motion she may file criminal cases and matter will go into litigation.

At last donot follow her like a looser,be brave and let her go.But if you you donot want to let her free,then file cases agains her and family members for trying to break your marriage. But believe me if you file one criminal cases against them they be in big soup but for that you need to have guts(If you realy love her u should have)

Expecting seniors reply

 

Hi Manpreet,

 

Thanks for your advice. Can you please throw some light on the case which I can file against my wife's parents. They are not even allowing us to speak with each other to find out the real issue. 

Rahim (okok)     02 March 2015

You stayed for 22 months and never had s*x? Are u impotent? Sorry ur story is not believable and something is fishy somewhere. For all I care this is reason enough for ur wife to leave you

Krishnaya vasudevaya (--)     02 March 2015

Originally posted by : Rahim
You stayed for 22 months and never had s*x? Are u impotent? Sorry ur story is not believable and something is fishy somewhere. For all I care this is reason enough for ur wife to leave you

Mr. Rahim, 

 

I strongly request you not to use such words without knowing the facts. If my wife doesn't need s*x, how will I be called as impotent? Learn the facts and then comment. I have the report from the top most medical institute of INDIA (AIIMS) that I am neither impotent nor infertile. So the ball is in my wife's court to prove why she denied s*x for no apparent reason. 

 

Their can be many psychological reason why a girl/women can deny physical intimacy. So always don't point finger at a man. 

T. Kalaiselvan, Advocate (Advocate)     04 March 2015

@Krishnaya Vasudevayya:  From you query it appears that you want to save both, your marriage as well as your money.  Well, if you are not willing to give her divorce, you are at liberty to withdraw your consent any moment and thus can postpone the event from happening for the present.  The courts do not accept the waiving of the minimum waiting period/cooling off period as mandated in such cases.  The purpose of this waiting period was to provide opportunities to the warring parties to arrive at a consensus/reconciliation which will help save the marriage in the meant time.  Even if  she is not willing to ask for alimony for the present, she will poisoned by her surroundings at a later date to seek for a hefty alimony but that comes when the contested divorce comes to a end in favor of dissolution of marriage, until then you dont have to worry about it but, as always, she may be misguided to lodge false police complaints u/s 498a or file a case against DV act and to pressurise you, the same may be turned against your parents too, you may be prepared to meet such an eventuality as well. You decision to save the marriage is appreciable but introspect the reason for the dispute and put your best efforts to patch up the difference and look for a resumption of broken marital voyage.

Saurav (Engineer)     04 March 2015

Originally posted by : T. Kalaiselvan, Advocate

@Krishnaya Vasudevayya:  From you query it appears that you want to save both, your marriage as well as your money.  Well, if you are not willing to give her divorce, you are at liberty to withdraw your consent any moment and thus can postpone the event from happening for the present.  The courts do not accept the waiving of the minimum waiting period/cooling off period as mandated in such cases.  The purpose of this waiting period was to provide opportunities to the warring parties to arrive at a consensus/reconciliation which will help save the marriage in the meant time.  Even if  she is not willing to ask for alimony for the present, she will poisoned by her surroundings at a later date to seek for a hefty alimony but that comes when the contested divorce comes to a end in favor of dissolution of marriage, until then you dont have to worry about it but, as always, she may be misguided to lodge false police complaints u/s 498a or file a case against DV act and to pressurise you, the same may be turned against your parents too, you may be prepared to meet such an eventuality as well. You decision to save the marriage is appreciable but introspect the reason for the dispute and put your best efforts to patch up the difference and look for a resumption of broken marital voyage.

 

As learned advocate says,


It really comes down to how much you KNOW HER/HER NATURE/HER INTENTIONS WITH REGARDS TO YOU.


If those 3 are in the negative then be prepared for DV/Section and innumerable cases against you and your family.

 

If those 3 are in the positive then be prepared that she could be misguided by her Family/Friends to file cases against you and your family.

 

HIGHLY UNLIKELY, if those 3 are in the positive, she may be prepared for continouing an alliance with you irrespective of misguide by friends/family.

 

It is a call you have to take in the end.

 

Remember 2 things in life:

1. NOTHING IN THIS WORLD CAN BE FORCED OR ONE-SIDED. If she does not want to live with you then respect her decision. All this Parents misguiding etc are nonsense reasons. Is she a Kid?........cant she use her own brains?

 

2. For your problem make sure that you do not put your parents/family in Trouble as nothing is their fault if the case of yours takes a bad turn.

SuperHero (Manager)     04 March 2015

@ Saurav – You have mentioned it as a junk India. Please refrain from using those words. Even though there is lot of corruption in India. But India has its value and great cultural heritage.

There are widows and women after divorces who are working for themselves and their kids. Some of them are brave, confident and have achieved greater heights in their fields. Don’t generalize all women.

Women and Girls have pressure from Parents, Society, Fear and what not from abusers!!!

There are Indian men who have earned a Doctorate Degree and still see women in a different aspect.

In the Western world yes they go for Live in relationship, spend time, date each other, and understand each other, marry and yet the divorce rate is 50%. Why do you think the divorce rate is 50%?

Meaning if you take any two persons one is a divorcee.

There is a saying in the western world. Your kids and my kids are playing with our kids.

In Indian Context.

Some parents are very orthodox, some are narrow minded and some adults are narrow minded vice-versa. Even though there are educated people still some are childish, don’t take responsibilities and so on.

@Author – The consummation of the marriage forms more bonding between husband and wife, which makes them one.

If you want to build a roof (Marriage) there should be two walls (Husband and wife), so even if one wall falls then the roof will collapse (Marriage).

Two people have to cooperate then only Marriage is successful.

 

You can pray to God sincerely with Love and devotion. I wish you Good Luck!!!

gd luk (gd luk)     04 March 2015

very difficult to judge human. there r instances evn after no. of yrs. of marriage and elder off-springs still divorce is there.
one way or other fear and influence of someone is there on mind of human irrespective of age tht v forget it. due to these fear and influence, not only heinous crime take place bt they obey blindly w/o giving thought fr a second. it is the reality of soc.
human being is a complex. and non-predictable.
 

Biswanath Roy (Advocate)     09 March 2015

Give up your silly sentiment and be materialistic.  If you are confident that if you get a chance to talk to your wife differences can be removed and marital re-union will be possible then I advice you to withdraw your consent from MCD and let the matter be a contested one off course in that event you may face some other littigation those are to be cooked up by your in-laws as a measure of retaliation.

Saurav (Engineer)     09 March 2015

Originally posted by : Biswanath Roy

Give up your silly sentiment and be materialistic.  If you are confident that if you get a chance to talk to your wife differences can be removed and marital re-union will be possible then I advice you to withdraw your consent from MCD and let the matter be a contested one off course in that event you may face some other littigation those are to be cooked up by your in-laws as a measure of retaliation.

 

Like the learned advocate says, Be prepared for retaliation if she is not the same boat as yours (in regards to continuing the marriage) and I hope you know whose side the Law belongs to in this country.


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