Legal Question in Family Law in India

I am married for 22 years. My wife was helped and supported to complete her studies after Class XII to become a Phd in Commerce by me. She completed her M.Com as a private candidate in 2003 and took up her 1st part time job in 2004, without letting me know about it. I loved her very much and have helped her achieve her dreams. I have bought flat in her name and made substantial long term savings in her name (PPF, Ins Policies, MF Investments, etc.) She has a PAN card and Itax return files. Our second flat is in Joint name, even though she did not pay any amount. She has now taken to full time working neglecting my home and children, bringing substantial work home. Over time, her focus and loyality has shifted from taking care of my home to persuing a full time career, involving travelling to other cities for 4-10 days at a time, keeping my 14 yera old son with my Mom-in-law. I work on the ships being away from home, for 4-5 months at a time. She earns about 40K from her job. She has recently bought a new Car, without informing me, and deposited my car which she used for last 4 years, to my parents place. She has threatened me in the past, to get me jailed under sec 498. So, I prefer not to live with her, as she gets upset very often. She only wants my money, for the past 4-5 years and she has no time for me, when I come back from my job on the ship. She has now changed the locks to my flat (I was informed by the residents association, where I am respected a lot) and I have no access to my belongings remaining in two locked cupboards in that flat. When I left for my job, the last time, I had given her the key to our Bank Locker, containing all the jewellery of her marriage and most of all that I bought for her in the past 22 years. I am now temporarily living with my elderly mother. Is there any ground for filing for divorce, mutual or otherwise? She has claimed, thru unofficial letter a one time settlement of amount far exceeding my net worth, which will take me another 10-15 years to work for and earn. I have a contract job tenure, as is common with sailing job appointments. I earn no money for the time I am in India. I still pay for my children's expenses, but I am not allowed to meet them. Is she due for any alimony or monthly maintenance? I have booked another flat for which I had to take a Home Loan with a monthly outgo/EMI of about INR 50K. She continues to live the lifestyle and have living facility as we did, when we were together, while I have been deprived of the same. I still continue to pay the premiums for the long-term Insurance policies, amounting to over INR 100K, eyery year. She is being guided by some lawyers and feels confident that she can ruin me, as the law is on her side. Please advise.

Asked on 6/21/10, 9:04 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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First of all you should talk to your wife and before going for divorce give your marriage a second chance but if both of you think its becoming difficult to stay together then go for divorce by mutual consent as it is faster and will save you from a long judicial procedure. As far as the material things are concerned, try to reach a consensus. In case she disagrees, you can file the petition for divorce on the ground of cruelty. Moreover she cannot stop you from accessing your own house in case she has not obtained any order from the court. Further she cannot stop you from meeting your own son since you are the natural guardian.Most importantly when you are taking the legal assistance, you must disclose all the true facts and the incidents of cruelty should be incorporated in your petition for divorce in a chronological manner.

Answered on 6/22/10, 12:34 am

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