Seeking divorce

1.    In a subsisting marriage a spouse cannot stop another spouse to enter home. However exception is there in case the wife is in govt. service and it is her allotted home then she can stop her husband to enter her home. But here the case if not so. If she breaks lock and enters then maximum a ‘theft’ case can be lodged but then it will be start of your journey to various family court corridors, hence it should be avoided if this home is in your registered name and it is her matrimonial shared home too since marriage.  

2.    Start compiling evidences of you being the good spouse. It could be bills of her up-keep, it could be sweet talking relatives / friends who attended your marriage on your good character, it could be neighbors who could come forward and vouch for your character. It could even be regular maintenance you pay to her for her upkeep. There could be some audio / video recordings of your good character when she was shouting or threatening you (in past) etc. etc. It could be suggested that you spend daily 1 hour to read past discussions under Family Law and Criminal Law forum on issues related to matrimony to educate yourself how difficult it is to prove once innocence.

3.    You have no available grounds to seek divorce form your wife as per your short brief.

4.    Sweet talking once way for MCD is a art. It cometh with experience and not possible in so abrupt scene as per opening mention of your brief. Flip previous sentence and now I say it (divorce by mutual consent) may be possible if all their (her) demands on monetary compensation are fulfilled and then carries forward with once youth and productive years.  

{Last reply}

Dear Mr. Vikas Sharma.

1.  I have read your mind and her side planning also.

2. This is a situation  when one needs to think of all that can revised.

3. The relevant facts of the background of your marriage and the factors of  your martial dispute need to be revealed by you in privacy to this lawyer so that  your concern as about seeking divorce can be assimilated and proper legal avenues are distinctly envisaged.

4. You can also deem it prudent to file  a written complaint at the nearest police station where you reside against your wife and her parents alleging that they are putting you in fear of accusation of an offense in order to extort money  which such act is punishable u/s 389  of I.P.C. This action needs to be taken at the earliest before she lands up in Mumbai.

5. If you have the time and the need for further in depth deliberations in such context then you can consider its fruitful to have a brain storming session with this lawyer for that you may opt for post paid phone consultation.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 09824047971.

E-Mail : lawgate1349@gmail.com.