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wishal (sr)     01 November 2014

Need advice for legal way to divorce

hello all respected sir,

i got advice from this forum members to keep patience and sit quiet till completion of one year of marriage.

i married in febuary 2013. and after two month she went back to her home. and then after started weird demands like i stay at her home i give her car and all weird demands. her father torture me to stay at their home. 

i called up my wife and as per her mother instruction she replied me that i can do whatever i want to do. and she dont want to talk or meet at all.

now her parents started telling bad things about my family to my friends and relatives. what should i do now??? one year completing in febuary 2015. 

can we go to theri place and tell them for divorce???? or legally we cant tell them??

can my relatives go to their place and ask for divorce? or even they cant too? 

i feel that we should tell atleast once for divorce and if those *** people ready to give with exchange of some money. i really want to get rid of this things cause i am not able to concentrate on my business. advice needed regarding how should i approach ahead.



Learning

 7 Replies

gautam (not disclosed)     02 November 2014

Why do you think your wife relative are making these demands? First get elders/relatives of your family and her family to talk things over and try to sort things out.  If nothing works out and you want your wife to join you, you can sent a legal notice and file a case of RCR.  Depending on the merits of the case, if you the judgement is ruled in your favour and court directs your wife to join you in your matrimonial home and she refuses, you can file a case of divorce based on the clause of desertion. if you do not want to remain married to her, you can immediately file a case on the basis of mental cruelty and desertion.

Beware though, any legal steps from your side can attract false cases against you, notably 498A & Domestic Violence Act.

Consult a seasoned lawyer and go through the site to understand the legal aspects of the divorce.

Dr J C Vashista (Advocate)     02 November 2014

Discuss the matter with your wife, her parents and relatives roping in some senior respectable persons from both sides and find out workable solution to the problems, if any.

Amicable settlement is best possible way to restore your matrimonial life.

Keep any legal process as last option.

T. Kalaiselvan, Advocate (Advocate)     05 November 2014

Taking a decision about breaking the ties will be very easy but to reunite, it takes a cumbersome route.  If you have decided to go ahead with divorce, consult a lawyer, either issue a legal notice in advance and then start the legal process or straight away gor for filing a divorce case against her.  Think before you leap.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

I am in complete agreement with Ld. Vashista and Kalaiselvan.

 

Regards,

wishal (sr)     06 November 2014

thanks for advice. 4-5 times meeting was done. they want GAR JAMAI who can stay at their home and do their work. they illiterate people.  i am doing job and i cant leave parents and job and stay at their home. they talk rudely and told my relatives that we have spended *xyz* money after marriage. and threatens us too. we are from reputed family in society and business. because we can not do till one year of marriage they have started defaming us in society by calling friends and family. there is no meaning of carrying on life with such a people. my career spoiling in this social matters. so family have decided to separate.

thing is can we directly call them for meeting and ask for divorce??? or legally we cant?

how can we tell that we both now separates??? few lawyears adviced me not to speak anything, but if we cant speak anything how can we put demand of divorce in front of them?

if i wan tto file a divorce case then on what marrit can we file? can this merrit "they want me to stay at their home " is enough? or i need to file with other merrits?

because of this torture from her parents my mom also felt sick and got depression and taking medicine. can this be usefull in anyway?

Adv. Chandrasekhar (Advocate)     06 November 2014

Yes. Insisting you to become ghar jamai is, if not pre-marriage condition, is cruelty for husband and he can file divorce on that ground.

SuperHero (Manager)     07 November 2014

I am not a lawyer and this are my views...

One question that came to my mind after reading through your post is.. before marriage didn't you know there social status...

How did you get married...Was it a Love marriage or arranged marriage.....Didn't your instincts tell you what was going on before and during the marriage..

The reason why I ask is there will be always RED Flags or signs that shows HE/SHE is not the right person..

There is an Old Saying - For War or Marriage both parties should of be equal strength....

Try to collect evidences and record even if there are discussions which will help in future...

Give a clear thought and also incase if you go for divorce....What are your future plans??


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