Legal Question in Family Law in India

I am Indian citizen. I have arranged Hindu Marriage 4 years back. My wife deserted me 2 years ago saying that she is well educated and can live along with my child without me. My wife and her parents have nature to make very false statements to get what they feel good for themselves irrespective of the fact that I am only child of my parents. They have given me ultimatum that I should select one from my wife or my parents. Right from the initial days before our marriage, my wife and her parents started to make wrong image of my parents. Even before marriage I told my wife and my parents that we should abort this engagement as we don�t have faith in each other. But my parents told me that it�s not good to break engagement from the girl�s future point of view. Two years back they have made mountain out of a mole of no issue and taken it to local police station to influence their decision on me and made bad image of my parents in front of police, so that they make me live alone with my wife. Police didn't file any case against me and my parents. Police told us to solve the issue at home level and taken our signs on Police Register accordingly. Me and my wife have lot of differences regarding money and my parents. We have a boy child of 2 years old. Now she wants me to live with her at place near to her parents place. But in any case, I don't want to live with her as she threatened me and my parents several times that she is well educated and can live along with my child without me. We both have lost faith in each other and hence there is no point in living together even for child or the world to show them we are living together. Even I am ready to accept the punishment by the court against whatever cases my wife can file against me. But I don�t want to live with her. She is as qualified as me and now working as professor in a government college. She is not ready for divorce with mutual consent, though I am ready to give her maintenance as per court order. Also I am ready to give my owned flat to her with responsibility to pay all remaining EMIs of the Home Loan. I am ready to take the fathers responsibility regarding my child, limited to court order. Even I made all this clarifications to her relatives who are now approaching me to solve this issue out of court and not agreeing for divorce with mutual consent. Her relatives are now threatening me that they will make me do what they want by force and legally. It�s very clear to me that living with her will take us and our child to nowhere than lots of family disturbances. Still she and her parents are not agreeing to give divorce with mutual consent and want me to live with her forcefully by hook or by crook. Now I have below questions

1. How can I keep my parents and other relatives away from this false legal issue intended to only torture us?

I already told my parents and relatives not to entertain my wife's relatives on phone or face to face communications. As I already have experience with them that wife's relative will try to involve my parents and relative in new false police case to threaten me and make me do what they want.

2. If in court proven (falsely) guilty, what is the minimum/maximum punishment to husband or his parents in domestic violence and related cases?

3. As of now I don�t have any thought about second marriage. We don�t have any type of communication between us in last two years. Seven months back, she sent an e-mail to me, stating that I should stay with her for our(?her) family. As of now we don�t have any legal case against each other. Before that, is there any legal risk in having e-mail/phone communications with her, to clarify my views to her? Or is it better to maintain silence as long as I can?

4. Many people told me that once you approach the court against each other, you will become rivals. Most of the family laws are in favor of women and they will use it torture their husband and his relatives who are not agreeing to women demands. What is the shortest/longest time taken by court to conclude such cases?

5. As she is not ready to give divorce with mutual consent, instead of RCR shall I file divorce case? And on what grounds I can get divorce?

6. If I become ready to live together with my wife, wife�s relatives are ready to give written commitment on stamp paper that her parent will not contact her for next few years etc. And if we add other true things that we are not asking for any dowry in such document, the list of things like gold etc. exchanged during the marriage, is such document legal for safe guarding myself and my relatives from false cases of domestic violence, dowry etc? And can live with her with peace of mind that now I have such document with me?


Asked on 8/16/13, 3:56 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Gentleman, you have made your life miserable without any serious reason. You are living without your wife and child. They should be your priority in life and not your parents. Your child is entitled to all the love, affection and care in you. Equally, you are entitled to the joy of living with your off-spring and the young lady. you can regain whatever has been lost. The 'trust gap' with your wife can be bridged with a little extra effort. Instead of thinking about litigation, you may consider thinking about making your life happy, which YOU CAN. And that makes the life of three persons happy in one stroke.

Best,

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Answered on 8/16/13, 8:03 am

dear client...........

CONTACT ME AT [email protected] for details

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Answered on 8/16/13, 11:28 pm


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