Legal Question in Family Law in India
I got married about a year ago. After the marriage my wife hardly had stayed with me for about 1 week in out 3-4 occations thereafter she left the matrimony house with out informing moreover she has taken away valuables given by us and her parents during marriage which she has accessed to. We desperately tried to get in touch with the girl and parents but they did not disclose they whereabouts. LAter it was known from the girls relatives taht she is not interested to go back to the matirmony house after which I served a legal notice to the girl to join back in about 10 days time. instead of joining back, she replied back and put forth baseless allegation against me and my family and asked for setting up a seperate home whcih cannot be accepted since my mother is very old and I stay alone with my mother in her house and my brothes are placed else where in the country. There is not communication between us ever since the girl left the house. We doubt whether the marriage was done with the grils concent and raised similary queries to the grils parent which he is still absconding. Now I wish to file for divorce since its 1 year now. What is the basis on which I can fiel for divorse. What will the liabilities that I might have to face(maintenance).
2 Answers from Attorneys
Even at this stage, going for straightway divorce by contest is the last resort. Because you know once you file a divorce petition, wife will file false cases against you & your mother under Section 498AIPC and DV Act, which would bother you unnecessary litigation. So, firstly it is the best advice to you to try to talk to her and convince her for divorce by mutual consent, in which situation you will get divorce in short span of time without being suffered by a pool of civil and criminal litigations.
In order to avoid any criminal action, you may first lodge a criminal complaint against her and her parents with specific allegations that she has taken away all the jewellary and has absconded. Thus the marriage was a SHAM transaction ceremonised only with the intention to cheat you. Once FIR of fraud is registered against them, you may be insulated against any criminal action. You have to be careful about your allegations. If you are found false, you may face criminal prosecution for allegations of cruelty and domestic violence.
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