Legal Question in Family Law in India
I and my wife are hindus and our marriage is registered eight years back under Hindu Marriage Act, 1955.
My wife deserted me five years back and has now filed for a divorce citing mental harassment. After receiving the divorce notice, I have filed for restitution of conjugal rights. Both case are clubbed and heard together by the same judge. I have denied all her allegations and have challenged her lawyer to provide evidence of mental harassment in court.
I know that my wife cannot provide any evidence of harassment since I have never harassed her. I have always loved her. I have truckloads of sms, emails, letters, pictures and videos wherein I have expressed my love towards her. Also, my neighbours are willing to testify in court that I have treated my wife very well during her stay with me.
In the family court, I openly express my love for my wife and have no allegations against her. I only plead the judge not to grant her a divorce. My contention is that since my wife deserted me, granting her divorce will amount to allowing her to take advantage of her own wrongdoings. I request the judge to quash the divorce proceedings.
My wife is trying to seek divorce without any legal and valid grounds which according to me cannot be allowed by the honourable court. I only want to request the judge to direct my wife to return to her matrimonial home and fulfil her marital obligations.
Also, I genuinely love my wife and feel that she is immature and easily gets influenced by her parents and relatives who are against our marriage (for reasons best known to them). So, I am confident that within next couple of years, my wife will certainly realize her mistakes and return to me. I want to give her that time to think about our life. I want to stop her from hurrying into a divorce.
I am clear that I love my wife and I have no ill feelings towards her. I do not intend to remarry and I do not want her to remarry either. I will wait for her to return till my last breath. I am fine if she stays separately for her entire life but I want her to be technically married to me. I don't want her to get a divorce decree.
Staying separately from my wife and the ongoing divorce case is not causing any kind of emotional stress or hardship to me. I am mentally very strong and sorted. But if my wife manages to get a divorce decree, then I will not be able to take the pain. I want to stay married to my wife at any cost since I love her.
Apparently, my case appears to be strong and the judge cannot grant a divorce unless my wife's lawyer is able to prove some strong grounds for seeking the same. But I do not want to be over confident. I want learned and experienced lawyers in this forum to suggest what else I can do to ensure my case gets stronger. Also, kindly warn me how my wife's lawyer may try to weaken my case.
What will he do?
How will he try to corner me?
How can he prove mental harassment?
Can the judge be biased towards my wife and still grant her a divorce even if she cannot prove mental harassment?
What is the probability that judge will quash the divorce proceedings?
2 Answers from Attorneys
your questions cannot be answered unless the lawyer goes through your case. the facts are not known and without conducting legal research, the query cannot be answered.
Adv. Rajiv
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