Legal Question in Family Law in India

Dear Sir/Madam,

Sir, I hails from Delhi.I got married on 29 november 2009.My wife is not joining me at her matrimonial home in Gujarat.She denies to go there with me.She is employed in a PSU in Delhi. She is saying that you should leave your job if you want to stay with me.She also threatning me of false cases.

Even I sent two legal notice to her to join matrimonial home in Gujarat,she straightaway refused and imposed many baseless allegations on me in her reply.Sir,Now her parents are also supporting her deed. They want Rs 10 lacks for mutual settlement in their home but not in court.

My advocate advised me now to stay cool and adopt wait and watch policy.He(Advocate

) is advising me to wait for 6 months then you will be eligible for divorce in eyes of law.

Sir Please advise Should i stay quiet now and wait for 6 months as advised by my advocate or should i need to follow some legal course of action.If any,what action should be taken now for early settlement?

Dear Sir,My father tried to phone them many times for finding amicable solution to this problem but they are not giving any response.

We are in constant grip of fear because we can't guess what is going in their over-cunning mind?

My wife is living with her parents for more than 2 months.

Please advise.

With warm regards,

Thanks


Asked on 6/08/10, 9:30 am

2 Answers from Attorneys
ANURAG TIWARI

Hello Dear

I am sorry to hear about you. You are really in a very critical conditions. It is a fact that all the matrimonial laws whether civil and criminal are pro woman and have very little or no scope for husbands or male members. It is correct that you can not resort for divorce unless and untill you marriage complete one year. In fact, one year septation require to start the process of divorce before the competent court of law. But I will not suggest to sit silently for six months just to gain time for filing divorce, for same will not cure all your problem. The moment you file divorce, she may start litigation related to domestic violence, dowry harassment, etc...... If mediation fail between the parties, you should take necessary steps to protect yourself from the impending litigation by your in-laws. You are advice to live separately from your in-laws. You may also inform the police about the said development or you may resort for writ petition in the high court to get protection from the blackmailing tactics of the your wife.

You may contact me if you require any further advice. at 09891406115. I am also from Delhi.

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Answered on 6/09/10, 1:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your situation may not change by repeating your question time and again. Better you stay cool and make efforts to persuade your wife an amicable settlement without resorting to any legal recourse.

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Answered on 6/10/10, 9:04 pm


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