Legal opinion

Dear kishor , there should be some big issues to go for divorce, mere for some small disputes I will never suggest you to file divorce case , if unnecessary you will do so then on the contrary your wife will file several criminal , civil and dv case against you , and then you yourself will responsible to make your life hell , better is to solve your problem amicabilly by taking help of yours elders or your near and dear ones .

Dont anxiety in filing case/s against your wife or her  parents. Wait some time. If possible, try through elders for amicable settlement of your issue. 

The difference of opinion between husband and wife are very common in the wear and tear of life which if given a serious thought, nobody will be able to live a happy married everlasting life.  The marriage as per Hindu law is a very sacred thing hence thinking of breaking it as when you one feels to do it for the minor reasons or over the whims and fancies, no marriage can be saved.  The divorce is not the only solution, because if this girl goes another girl will come with much more graver problems, will you think about divorcing that girl too, where is the end for everything?  Please sit, talk and reconcile the matters and arrive at an amicable solution at the earliest before any devil's advocate start dominating your miconceptions.

Take Adv. Kalaiselvan's advice seriously and try to work things out. One year is a very short period to separate. Try another year and see...

If things do not work, then take a firm decision and let her file all cases she wants to. In fact ask her to go ahead and file these cases and get over with them and then file for divorce. Otherwise years will pass by and you would be tortured ad infinitum.  Remember that in divorce proceedings, the strategy of the wife is like the one in chess: Threat is better than execution to meet some other objectives. She will just keep threatening... You as a husband, if you feel that she is continually threatening even though she knows that you have not done anything to justify the criminal proceedings then take the following course... Make life such a hell for her that she converts her threat into execution. Then spend some time in jail, if required but make sure that there is no evidence that you did anything and that you win all criminal cases. Be smart in your execution. In matrimonial disputes, JO DARA WO MARA.

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I do not condone violence, other than in self-defence and nothing stated here is to interpreted any other way. That said, a wife who is threatening perpetually deserves nothing less. 

 

We are the Sr. Citizen parents of only son, Who got married 5 years back. My son is working with some multinational company and living in Jaipur  300 kms away from us parents for last 5  years. They do have a pretty 3 years old our grand son with them. For last 5 years our Daughter in law is continuing staying with her parents at Indore for every 2/3 months and for another 2/3 months at her husbands residence at Jaipur with her mother. I mean either she stays there or her mother stays here at my son's place. She was not employed at the time of marriage but her employbility as regard to her qualification was seen before marriage. After marriage, I as a father in-law motivated her to appear for IAS for which books and study material was sourced for her career progression. On the very 3rd day of study, she conveyed through her husband (My son) not to insist her for studies; and which I did not thereafter. We never stayed with our son for any longer stretch as she never welcomed our stay but during last 3 years of our grand son, we went there for 1/2 days say 2 times in a year. On last Rakhi our DIL (daughter in law)went with her mother to her parents place and did not return. Now our son has apprised us about her misconduct, which can not be said of the housewife. (1) 3 Times she closed the door of bed room with threat to attempt suicide. (2) 1 time she tried to jump from car by abruptly opening the door. (3) One time she left home for 3 hours with the child without any information to my son. (4) One time she left home for about 5 years leaving the child and husband athome and returned at 11pm night. ( The above are only the most critical points, the minor points of dissension have not been mentioned.) Here, I would like to specify that her father is a passive ( with no substantial income) advocate by profession and may implicate us in false cases. His sons marriage is scheduled in JAN-2014. Our DIL is younger to his son and his son is only source of income to the tune of Rs 10000/=pm in the family. My son's marriage was arranged one and within caste and with consent and without any dowry. In view of above attempts by our DIL, I apprehend, she may commit criminality with herself and with my son and grand son too, and therefore we prefer she must return only after law abiding paper work, if not then the filingdivorce petition is the only way out. Please bestow me with the legal opinion to proceed. Thanks & regards

It appears from the descripttion of your DIL provided by you that your DIL needs some psychiatric help. I mean this seriously. Please analyze this situation from this point of view also. I know of cases where matrimonial relationships have blossomed after proper treatment of mental disorder, however minor. 

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You should be most concerned about "I apprehend, she may commit criminality with herself and with my son and grand son too," rather than thinking of the legal ramifications of her filing cases. That sentence has some serious connotations. Also, think with an open mind and see if your son is also at fault. There must be something he is doing or not doing that is aggravating the situation further.  Your current situation requires more counselling than advocacy. When she files cases, you can deal with them at that time. There is nothing you can do about them now. 

 

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Hi Friends,

I Married before 5 years it was love come arrange, my father inlaw was actually not ready for it but by force he become ready after i married there was some dispute between my mom and my wife. before 2-1/2 years she called her father and left my home my parrents was not there at home at that time and from that day she is at her home only, after 6months she asked me to live septly. from my parrents i done that also in mumbai i took home on rent she asked me to talk with her father to send her to live with me i done that alsoagain she refused. after some time i shifted to gujarat (Gandhinagar) Again she asked me to come to me again i took home on rent in gandhinagar just before 6-7 months she came in gandhinagar she lived with me for 2 months again she refused now she telling that she dont want to live with me. wat i have to do at this present of time i cant go to my parrents cause i refused them for her .  she offenly asking for alimoney for divorce we have a daughter 3.5 years old ....

Please reply me I dont know wat to do 

Thanks you very much for reply. Disputes are not small now, they have been very giant and it is not possible now to live together. However she also like to want divorce but her parents do not want. I want to know 1. If I file now divorce case in section 13 A then it will be good ? 2. Second It there any way to secure my self regarding her threatening. 3 Should I hire a lawyer for this case or wait for her action.