Legal Question in Family Law in India
Hi,
I got married in the year 2008 nov, we both are software engineers.. due my wife's mother we got some disturbences in our personla life.. My aunt used to call my wife during the nights 10-11 pm..
she used to disturb our valueble time.. initially i told very clearly to my aunt not to call during that time as we are having very less time to spend... she used to tell her worries and financial worries to my wife , my wife obviously get mood off... between me and wife there is no direct dispute.. some times i used to show my anger on my wife coz of my aunts attitude and behaviour. My wife got a great attachement towords her mother and she used to follow what her mother says... her mother started taking money from my wife due to their financial troubles... though i dont have intrest to give, i did not stop my wife helping them in financial matters.. i love my wife than all other my family members.. it is well known to all my and her family members.. during the resission period my wife lost her job.. and i too suffered for some time and moved to chennai on short term deputation in month of july 2009 and i returned back to hyd on nov 2009... during this three months i left my wife at my hometown.. in this 3 months, she went to her parents and stayed there for one month.. i used to visit my home town every weekend to see her and spend with her.. during this period my mother started a vratham(pooja) which we fellow in our AP... After the pooja every day she used to throw prasadam in bathrooms.. My mother observed this and asked her why you are doing like this.. she openly told that as they were follow christianity and they dont trust hindu customs.. we were shocked and we asked her y did marry in hindu customs and traditions... she told by her birth she was a jesus believer... and they accepted they did not inform this b4 marraige.. we left the matter and took it as easy.. finally we got a rented house in hyderabad in the month of DEC 2009 and we started living together again and she got job in the month of JAN 2010... Again her mother started her influence and started taking money...for every reason my wife started shouting at me.. i usedd to get irritated and started shouting at her...
daily i used to come early from office and started coocking as her mother told me that her daughter can not do all the things as he is also working...coz of the love on my wife i did not feel to cook... In the month of april my Aunt said some work related to her property issue.. i told that one of my uncle can help you out.. she told me diff story to me.. and when we sit with my uncle she told diff story.. i got angry and shouted at my aunt and told wife not call.. meet.. speak over phone.. as her attitude is not correct... my wife did not eat food for 2 days and hospitalized... my aunt started saying i had tortured my wife and beated so that she lost blood and hospitaliozed.. i called my parents, uncles and expained the situation... on april 15th one of friend sent 1.5lakhs to my wifes account as i asked him to tranfer it for feasibility... on april 21st 2010 she went to office and from there her meternal uncle taken her way to his house with out my knowledge... when i called my wife on her mobile num suddenly he picked the call and started shouting at me and demanded some money.. i was shocked and informed to my parents.. my father called my aunt and asked what is all this.. she said we will do like this only... what ever you can do you do disconnected the call.. we were shocked and quite for some days... Mean time i tried my best to reach her and talk.. her mother handed over my wifes mobile num and when ever i call her mother used to cut the call... i got a mail from my wife on 29th April saying i am demanding and harrashing my wife for money.... i was shocked... i started conveying i never demanded anything...
on MAY 3rd my wife called me from her office and asked me to come for lunch to her office.. when i went there she started crying saying all these things happened coz her.. i asked her to come house immi.. and gain she told that she had given a word to her mother so that she can not meet or talk to me immi... and she told me not to inform anyone regd our meeting.. she sent the same message through SMS, and from official E-mail ID... and she asked me to not to speak with any of her family members as they are planning something against me.. i informed the same to my parents and they again contacted my aunt, my aunt told that she is not in mood to talk and disconnected the call... On may 23rd through my meternal uncle's mediation we both families met in a hotel.. my uncle and my wife's unlce shouted each other and left the meeting with out discussing the issue... immi i went to my wife's housse and asked her to come with me.. she said the same story and she cant come immi .... so i left her and came back to hyderabad.. on 26th MAy she came to my hjouse and collected all her belongings and went... after that i started calling her and asked her to comeback.. her behaviour changed...she also stared demanding for gold and money... On June 4th she filed 498a case on me including my mom,dad and meternal uncle.. my parents live in my hometown and my uncle live in bangalore... they are no way related this case.. they never involved in our personal life.. god's grace i got anticiaptory bail for me and all others.. they started demanding huge amount and gold to give divorce.. since my wife is innocent i said i am not ready to give divorce.. after that i filed a out petition in family court for restitution of conjugal rights.. mean time my wife started threatening me like in her gmail status she kept"My husband died long back.. i am a widow now" all my frens had seen this ... since it is not a one to one message.. and she again started saying I enjoy with many girls .. so that only ileft my husband.. after may 4th i did not speak to my wife.. what happen b/w this one month i dont know..here i am sure that my wife is innocent.. coz of her mother and meternal uncle she was doing all these things.. at one i was not ready to loose my wife.. now she got changed a lot.. so that she started spreading romours on me and my family... she completely turned to her mother side.... even i am trying to reach her ..she is going to Police station and getting pressure on me.. so fed up of my wife's and her family behaviour and lost the confidence on reconcilation.. here there are two oppurtunities b4 me.
1. i need to fulfil their demands...
2. Am i eligle to go and file exparty divorce under cruelit grounds..
i have all the mails and SMS which i got from my wife to defend and prove 498a is flase case..
i have all the screen shots of her status messages ssaying : i am widow ..my husband died long back..
If the above mentioned evidences are sufficient to file exparty divorce... i will file for divorce.. please guide me and suggest me..
Thanks and Regards,
Sreenivas
2 Answers from Attorneys
Do you really want to go for a divorce? Think atleast 10 times before stepping any further, since it is the question of two lives. Then only consult a Lawyer there in your area he will guide you.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
If what you have described can be proved with cogent and relialbel evidence, you may seek divorce.