Rohit Shukla (Engineer) 11 August 2011

The show begins

Hi All,

I hope the veterans on this forum remember me & my case :)

Anyways, a brief history

Jun 2010 - Got Married in Jun 2010
Dec 2010 - Wife leaves for her parents home for a short visit
Jan 2011 - She refuses to return on being enquired citing silly reasons (like she wants to stay few more days with her mother
Feb 2011 - Second call, she gets aggressive still refusing to come
Mar 2011 - Third Call, she along with her father gets accusive citing torture and ill-treatment by me. Completely shocked by her this move gave her a final warning that if she does not return, then forget about me, nevver gonna call or visit her.
Apr - Jul 2011 - Totally unmoved by request/call/warning, she went ahead and took admission in one of the local colleges in her hometown (without informing me or even letting me know)
Aug 2011- I decided to go for Divorce on cruelty ( I have 100 real reasons with collected proof's) but relatives insist on meeting them once. I agreed to them while maintaing my "BHISHMA PRATIGYA" of not speaking or entertaining her till the time she pleads to me for her reckless behaviour

Aug 2011 - My relatives meet her and again emphasise my stand that the boy is not gonna take her back after this if she doesn't return, a kind of final warning. They agree while lamenting 100 accusations against me. Finally its decided that she will return in Oct 2011 and will give her admission (taken by paying bribe in local college). Common relatives convey the same and seek my approval, I deny the same. Now I say that " She cannot control all the decisions of OUR LIFE, Leaving me was her decision, now taking back will be mine" Now they are planning to come over here to meet me, while I am dead against this relationship now. I am even ready to wait for next 7-8 years fighting my divorce but can't take her back again. (The real reason behind is her infidelity, she is having an affair in her hometown and for that very reason she thought of getting back to Mr X on the pretext of completing her education) I haven't spoken about it yet but would like to catch them by surprise once I face court.

Dear members, please suggest your opinion on the same and my next course of action before I meet them. It's urgent, please suggest.

Regards,

Rohit

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6 Replies

H. S. Thukral (Lawyer) 11 August 2011

You dont have any ground yet to seek divorce. It will be difficult to prove infidelity. Court ask for a strict proof which is difficult to get in adulterous relations. Talk to relatives and her parents. Confront them/her withh the knowledge of extra-marital relation and push them for a mutual divorce.

Shubhankar Dutta (Private Practice Last 3 Years at Jalpaiguri District & Session Judge Court) 11 August 2011

At First you file U/S 9 RCR of HINDU MARRIAGE ACT, that your wife must come back to her in-law's house. It is one of the document of cruilty ground. from this Section you got more advantage.

For further details you may contact with me ...

SHUBHANKAR DUTTA (Advocate)

Phone No. 91-9126479514, 09332966239

Email. Papai_dutta1@yahoo.co.in

West Bengal

chandra mohan (power) 12 August 2011

Infidelity is difficult rather impossible to prove in court dear. cruelty can be the ground for divorce but pls listen to our experts view. Even divorce is also not a readymade cake. keep patience and take steps carefully and tactfully. dont be in hurry, you will get lots of evidences.

Self service (None) 12 August 2011

Understand your situation but you have not proper grounds also. As one of member suggested send RCR notice and ask her to come back. than you can file divorce or wait another year and file on desertion basis.

Otherwise ask her for mutual divorce.

Rahul T (Engineer) 13 August 2011

I feel, if she wants to come back, the you can not stop her in any way. Means she may file RCR against you and can come back. So in this situation play one game.

Nothing harmful to try this out. May be you can find a legal scale path.

If she wants to come back to your home, and then tell her, the cause of this entire problem is her parents. Due to their miss guidance everything happened. If she agree that she will never keep any contact, relation not even phone call to her parents then she can come back. Else she can do what ever she feels better.

Mostly she will never agree with this. If she agrees, then she will never do the same mistake, because at that moment she will know that no one will be there behind her. Apart from that if she is ready to break all relationship with her parents then it is sure she has realized her mistake and really wants to be with you. If she doesn’t agree with your proposal, then wait for some more time (till December 2013 ) and then file a guanine case of desertion & come out from this mess without paying any huge fine for legal marriage. Brother. Keep patience. They have to come back to you. No other option left for them. And if she files fake divorce case under any section (Mostly cruelty) then you are the lucky one. Means you will get divorce quickly.

NOTE: NEVER ever think of filling Adultery case, because it is very difficult to proof in the curt. ALL THE BEST….

NOTE: if you meet them face to face, then use one voice recorder or video recorder to record conversation. Try to avoid RCR from your end. Because after RCR she may come back and after that she will return and file DV case against you. if she comes back than keep few security camera or large voice recording system up at home, so that you can keep some mischief behaviors of her recorded. Which may help you future date. Keep updating on LCI.

LAW GURU’s plz correct me if am WRONG….