Background:
Click the link for background story
https://www.lawyersclubindia.com/forum/Re-Intimidation-by-wife-her-family-members--43442.asp
Present Scenario:
I am still in Gulf. Wife is at my home in India. Stopped talking to me. I tried several time to talk to her, but she did not cooperate. Hence, I too stopped calling her. She does not even talk my parents. She cooks for her and my child only. Half of every month she spends at her parents house. She never asks permission either from my parents or from me. When her father or brother comes to my home, that's the indication that she is going to her parents house. But while leaving for her parents house, she just sends an sms to me and says to my parents that she's going but never says when she will be coming back. After 15 or 20 days she lands in my house unannounced.
After a long deliberation, I have decided that there is nothing to work on a dead marriage. Therefore, firm in heading for a divorce, either mutual or contested one.
I have already resigned by job here as i could not concentrate more on work as i have been suffering from anxiety, stress & depression for the last 6 months. I will be reaching India in April.
How to proceed?:
Now, the question is how to proceed towards the divorce case. I seek the advice of the Ld. Lawyers on the following:
1) How to intimate about my decision of working towards divorce? Can I send a letter to her explaining the reasons for seeking divorce and ask for a mutual consent divorce?
1a) Can I mention in the letter that what are I would be giving for onetime settlement? Should I mention that she can take back all her gold? (anyway all her gold which she brought as 'Streethaan' are in her name in the bank locker, includiing my gold ornaments which was gifted by my relatives & friends).
2) Since she's still in my house, would such letter be backfiring us?
3) or, should I reach home, hire an advocate to prepare a divorce notice for her while she is in my home?
4) or, should I send her to her parents home, and then send a divorce notice to her?
5) Upon serving divorce notice on any one of the above ways, I can expect 498a, DV etc.. If they register a police complaint during May/ June wherein the Courts are closed for summer holidays, would it be difficult to get Anticipatory bail?
6) I also anticipate that my in-laws might use muscle power to make me surrender. Shall I take any preventive steps and how?
Request Ld. lawyers to advice on the above.
Thanks
Nanda
