Divorce on mutual consent and affidavit
We got married on 18th Jan 2017 at Ahmedabad and my wife wanted to go to see her parents and said that she is home sick and could not wait more. She is from Nashik and her brother came to pick her up on 2nd April 2017. There was no fight/disagreement/anything unusual.
After going there, my in-laws called me on 21st April 2017 that they are not willing to send my wife back and want to end the marriage because she cannot adjust with us anymore. She did not tell me anything when she was here.
I went to Nashik with my sister the very next day on 22nd April 2017 and called them to talk about what is the matter and I wish to resolve all the issues. They at first refused to talk or meet, but then we held a meeting. Things did not work out and she and my in-laws unanimously told that they are not willing to continue the marriage. I felt like I am being forced to leave the marriage.
They told that she is unhappy because she had to be home all the time, my mom has spoken harsh words on her and she has to do all the household work along with my mom (We never had a maid).
Now, all her clothes and educational certificates are with us with they are demanding along with the gifts that they have given to me or my family during the ceremony.
1. I just want to know do we have to file an affidavit that we are mutually ending this and no one will file any case against each other and we are returning all the belongings to her before the MCD decree or should all the belongings be given at the time of MCD?
2. Suppose we notarise an affidavit and mention that no one will file any case against each other, then can she file a case after getting all her belongings? Because there is no trust or we cannot understand their intentions
3. Can affidavit be filed at Nashik instead of Ahmedabad, because my in-laws are saying that she will not travel to Ahmedabad anytime.
Asked 7 years ago in Family Law
Religion: Hindu
Thank you Sethiji, Anileshji, Devajyotiji and Laskhmiji!
My only question then comes is what if I return all her belongings now after the said agreement (MoU or affidavit of goods received by her) and we also file for MCD after an year, but she takes her consent back. I have heard/read of many cases and this is also very common. Is there anything to secure me and my family from unlawful harassment?
1. What if she files a false domestic violence or any other case after the agreement is signed? Can I be secured against false cases by this agreement or she will have all the rights to do anything and the value of this agreement will be disregarded in the eyes of law?
2. What is more secure, MoU or Affidavit or MOC?
3. What are the options I am left with legally if she is asking for her belonging back right now and we cannot file MCD before an year of separation? Should I hold back her belongings till we get decree on MCD case, I am not sure if that is the right thing to do?
I want to know a legally correct approach and at the same time safeguard me and my family from any false cases/harassment.
Looking forward to your advice.
Regards,
Asked 7 years ago