Legal Question in Family Law in India

I got married in May 09 and within few days, I got convinced that my wife has married only for money and she will never allow me to have a marital life. My job is transferable and she used to stay with me only for a few days in a month when I was staying/working near her home town [i.e : Mumbai] Now my job is transfered to a place about 900 kms from Mumbai and she has completely denied to come and stay with me.

Earelier she used to come and stay with me mostly along with her relatives and she used to avoid sex as much as possible, upon questioning she used to say she wants to live the way she wants and if I object she will get mental tension and depression. The major amount was spent by me alone for the marriage ceremony and also she and her father used to extract money from me in many occasions as gifts/celebrations.

Presently she and her parents made a demand that she would stay with me only if I come back and work /stay near her home at Mumbai. I responded that I can't give up my present job and again try for uncertain job. She and her father have now come with a Stamp paper in which it is written that the 'divorce on mutual consent' signed by her and some witnesses and asking me to simply sign on it. They are threatening me that I will be in more trouble due to litigation if I will not sign that paper. Is there any way to claim atleast my partial expenses incurred due to marriage and her living with me?


Asked on 9/07/10, 8:34 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

For mutual consent divorce, the couple must had been seperated for atleast one year. Your marriage has taken place only in May 2009.

If you have also decided to divorce, then mutual divorce is a better settlement. But for that one need to file a petition in the court. Merely writing or signing the stamp paper has no meaning.

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Answered on 9/07/10, 10:01 am


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