• Regarding divorce

Hello sir 
Myself yogesh I work in a private firm my father is a ex-policeman & mother a housewife, 2 sister's who got married & younger brother who is into reality business, ours is a moderate family and the family of the girl with whom I got married in Jan 2015 is a orthodox family and also a wealthy agricultural joint family where all the decision are taken by my wife's younger uncle who also runs a co-op society he is very dominant & egoistic person.initially everything seems ok but the problem started when my father gave him Rs 5 lac against a cheque that to dated and written  self on it  and nothing else , as he assured my father a handsome return soon he started interfering into my home even my wife supported this, at this stage my wife started to warn me about his uncle that he is very powerful and all that.initially we wre ignoring it thinking that as she may be found of her family later on we came to know that even this elder brother I.e my in-laws wre also afraid of him this continued for sometime now he started to control my family also he used to talk rudely with my father which dint go well with rest of my family one fine morning he came to my home without informing and told my parents that he is taking my wife to his home for which I denied and the quarrel started( as it has been only 15 days since she came back from her home and this has happened after 7 months of my marriage I.e in the month of Jan 2016 and in that to we have lived only for 2 months most of the time she has spent in her home only) in a fit of rage my wife went with his uncle leaving her phone here only because of which I was not able to contact her neither she called for a 3 months. And when she called me she started fighting with me saying that I should come to his home & apologize to his family otherwise I have to face dire consequences, meanwhile my father & uncle went to my wife's uncle and asked them to  send her back but he insulted them and said that he will send her on only one condition I.e Rs 5 lac will be kept in her name as security deposit and we have to apologize for which we denied after which many of my relatives tried to convince him but in vain within a year we tried a lot to get her back and even tried to contact her but his uncle says that only after we agree for security deposit and now my wife has also stopped talking to me and its been almost 6 months.sir my father has not made any assets while on job he took a loan on salary and have a huge amount to another relative again he also deceived my father as that was also. Not on paper and the PF amount has spent for my sister's marriage so what ever they have left with is only that 5 lac rupees because of which we have not taken any step. Now its almost a year and I think she will not come back pls suggest what further step I should take and don't want any problem for my family ( like 498a and all) and also I don't have huge salary also. When  asked a local lawyer he said that we have to agree for the condition otherwise we face a serious charges against us,how to solve this problem now we don't mind even if they not give us back 5 lac, I jus want divorce.
Note:- the money was from a property which my father sold and her uncle was the one how bought the party.  I am saying this because nobody should have false impression that we are demanding dowry
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

3 Answers

1) file for divorce on grounds of mental cruelty

2) wife refusing to stay with husband amounts to mental cruelty

3) in case wife files false 498A case contest the case obtain Anticpatory bail

4) no question of submitting an apology arises

5) no need to place Rs 5 lakhs in wife name as security deposit

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. This problem of yours has been imposed by external persons and due to their ego your matrimonial life is going to be ruined.

2. Try to settle the matter amicably if ossible by talking to your wife telling her that divorce is the 2nd most stressful event in one's life.

3. If she does not want to settle negotiate with her to jointly file a mutual consent divorce petition on agreed terms.

4. If she does not agree for MCD, file a divorce petition on the ground of cruelty on he part for leaving you for months without any cogent reason.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

There are lot of mistakes from your side.

Firstly your father should not have given that money to her uncle.

Secondly he should have insisted on return of the same

Thirdly he should have sent a legal notice to him demanding the return of the money given to him.

Next if the situation was amicable, then he could have at least made a deposit in her account for the time being and after she could have been convinced to transfer the same to your account at a later stage when the situation would have returned to normalcy.

Now if you insist the return of money, she may book you people on dowry demand.

He would instigate her to file plenty of criminal cases .

However you can file a divorce case on the grounds of cruelty and desertion.

Discuss with your lawyer and proceed further.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer