Legal Question in Family Law in India
Dear Sir,
I am sakthi 31 years old. I got married in 2015 and I am blessed with a girl baby. The first 3 months of my married life was good but after that it was changed when my mother in law abused me when me and my wife has a misunderstanding. Post the incident I adjusted myself to the circumstance as my wife was pregnant. But, every time we had some misunderstanding my wife abused me and my family a lot. But I was forcefully accepted that and made my mind to live with her. 1 month ago I have taken my wife to my home town where a fight broke out between me and my wife due to which I took my wife to her uncles home where their parents were staying for that occasion.But, the fight went along and all their family members started to abuse me and my family members and her uncle hit me and closed the door so that I wont go out. I consider my baby girl and forced me to an extend but now I couldn't move forward as the way she and their family abused me was horrible. Their parents are asking me to forget everything and move forward which i cant do any more as I lost the trust and sanity in this relationship. I was not treated as like a husband and now they ask me to come back. I want to be separated and I told my wife to inform their parents that I wanted to be separated. Please advice me how to proceed further for a divorce?
1 Answer from Attorneys
1) First give them another chance keeping in view at least the child to rectify
her past deeds that hurt u with a forgiving nature.
2) If really there is no repentance, then it will be known in a short time.
The option of legal recourse always exists.
3) Discuss in the presence of family elders and experienced outside senior
citizens of the area for future evidence.
4) On ur refusal to take her back, if she files DV and 498A cases, your efforts
to take her back matrimonial home will be ur defence.
5) By urslf filing divorce, she will contest which may take more than 5 years.
It is a time consuming long drawn expensive legal battle, allegations and
counter allegations.
6) Discuss with an experienced local family law exert lawyer by explaining full
facts and decide ur plan of action.