First of all, apologies for a long post. Hope to get some help
We were married in May 2008. She is from Blore and me from Chennai. Her dad passed away some 14 years ago. She moved to Chennai after marriage. In March 2010, she left for delivery of our son from Chennai to her mother's place in Bangalore. Our son was born in April 2010. Her mom was living with my wife's sisters with my wife's dad's brothers and their family in a large house. After our son was born, my mother in law had a dispute regarding property and moved out of the ancestral home and took a place on rent. I got a job in Bangalore so I moved there in May 2010 and took a house on rent a few streets away from her mother's new rented place. My wife and I had continuous fights after the birth of our son. She was at her mom's place after our son was born.She would say she will come after some time as she was finding it difficult to handle the baby by herself. I was living by myself. She would come live with me for a few days and then go back to her mom's place. One time she asked for all her jewels in the bank locker to be returned to her. I did that within the next few days. I had taken some money from her during the course of our marriage for living expenses as she was also earning. She asked for that money to be returned to her. Although the amount that I owed her came to only about Rs. 25,000, I gave her Rs. 1.5 lakhs. While giving the cheque, I took a typed statement signed by her stating that she has received Rs. 1.5 lakhs from me and I do not owe any more money to her. I put the cheque number and issuing bank in the statement. A few weeks later she said she has decided to separate from me and asked for some other stuff belonging to her in my house to be returned to her. When I went to her mother's place to return these items, I took another statment, handwritten by her and signed by her stating that all her gold, silver and precious items have been returned to her. I also made her mention in the handwritten statement that me or my family have not demanded any dowry from her or her family, AND that no dowry was given by her or her family to me or my family. I have both statements in original. This was between May to July 2011.
1) I came across 498A while reading about divorce and I suddenly got worried. Do I have to be concerned? Should I keep a copy of those signed statements in my wallet at all times?
In Aug 2011, she asked me to meet with a lawyer for divorce by mutual consent. I went and she came too. The lawyer convinced us to give the marriage one more chance and I agreed reluctanly, although knowing she would leave me again. And just as I thought, we were not in talking terms by Nov 2011. Meanwhile, her mother bought a property with the settlement money she got from her in laws, and my wife took the kid and went with her mom to the new house they purchased. I know the house, but I dont know the address. Since I felt the marriage was not working and had I went to the same lawyer and told him that he is responsible for the mess I am in, had he not counseled us to give the marriage another try, I would have obtained the divorce by now. He agreed to help and he tried to contact her to get her address but she didnt answer. I gave him a copy of our marriage certificate in which her old address [where she and her mom were living with her uncles at the time of marriage] was mentioned. Her uncles are still there now. He told me that he has sent the notice to her asking her to come down for divorce by mutual consent or he will forced to file a petition. I called him a few days back to see if he heard anything, but he said he has not received the acknowledgment for registered post sent, so lets wait a few more days. Earlier he told me that he can send the notice to her place of work, but I told him that I didnt want her employer to know about this, so I asked him to send it to the old house. I know her mobile number and her mother's mobile number.
2) I dont think that this marriage will work anymore. I want to go ahead with a divorce. What are my choices?
3) If I hire a new lawyer, what would it cost?
4) Knowing her, any of these could happen a) She'll agree for divorce by mutual consent now and withdraw later b) She'll agree for divorce by mutual consent now and after the six month waiting period also and we could be divorced c) She will totally ignore the first notice and the subsequent petitions sent to her d) She will fight tooth and nail in response to the petition. So, what is the quickest and painless method, if there is one?
Sincere thanks [I truly mean it] for your time.
Regards,
Krishna Kumar.