• Divorce

My question is " Am i in safe condition to file case for divorce"? 
can i file case in my city?  other party belongs to rohtak.

Summary:

My wife and mutually agree to get divorce by filling mutual divorce.
Everything was returned what they have given us. And a sum of Rs6 Lakh also set to be given to her after final divorce was finalized to show society which was even fake. 
I accepted child care after her delivery. Everything was done on paper(not stamp paper) with all the terms with her signature. It also includes both parties cannot blame each other for anything.
She gave the son after her delivery, she did not even held her own son.

It was finalized that both parties will file divorce together.

Now her parents wants to send her back. They not filing case together.
Earlier they kept on saying they will not send her.

I don't want to live with her and i don't feel safe with her including my child.
Asked 2 years ago in Family Law from Karnal, Haryana
Religion: Hindu
1. Well it seems that your wife, either on her own accord or under pressure from her parents, has backed out of her promise to file for mutual divorce. 

2. You cannot force her to file for divorce. The agreement of mutual divorce, if recorded, is a waste paper now as she has refused to file for mutual divorce

3. You may unilaterally file for divorce on the ground of cruelty, albeit your query does not disclose any instance of cruelty.

4. She has the right to reside in her matrimonial house as long as she remains your lawfully wedded wife.

5. She may file proceedings for domestic violence and dowry harassment against you as retaliation to you filing for divorce.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You can file divorce in your city if your wife resided with you therein, albeit she may apply to transfer the case to her city.

2. You can seek divorce on the basis of cruelty as your wife has left your matrimonial company.

3. In spite of you having returned all her items, she may still file the case of domestic violence and dowry. Your guilt or innocence would be judged by the court only at the culmination of the case. If and when she files the counter cases then take bail immediately to avoid going to jail.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) you can file for divorce in your city if your wife is refusing to file for divorce by mutual consent .

2) you have to make out a case for divorce . you have to prove the allegations made in petition . 

3) you can also seek custody of the child .

4) if your wife does not want divorce she may file false cases of DV/49A A to harass you
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1) you can file for divorce on grounds of mental cruelty . 

2) refusal to stay with husband after marriage amounts to mental cruelty . you can mention in petition that wife left her matrimonial home on her own accord 

3) even if you have returned her streedhan your wife can file false cases of domestic violence and seek right to stay in her matrimonial home, maintenance and other reliefs
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) It appears that your wife retracted from her promise to file for mutually consented divorce. Even if you had the terms and conditions reduced into writing on a stamp paper it would not have much relevance if she chose to back out. The fact is that even after filing for divorce either of the spouse has the option to back out of the agreement.

2) You can of course file for divorce in your place independently citing cruelty which is a common factor applicable in the current instance.The fact that the wife has refused to live with you is act of cruelty.

3) Despite the fact that you have returned all the jewelry and   whatever had been given during the wedding, your wife can as a counter strategy move a petition against you under provisions of Protection of Women against Domestic Violence Act 2005  or dowry harassment under section 498A of IPC. 

4) If the above happens you may have to take anticipatory Bail to avoid getting arrested. Contest the case on merit.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Your plan for MCD has now been rejected by your wife,

2. You can not force her for giving you divorce,

3. Till she is your wife, she has the right to stay with you at the house where you are staying,

4. However, you can file a divorce case against her on valid grounds like cruelty,

5. She has the right to contest the divorce case filed by you and also can file various cases against you like DV, 498A, maintenance etc.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. You can file the divorce suit in your city on valid ground,

2. She can file an application before the High Court to shift the said case to her city if both of you live in the same state. If both of live in different states then she shall have to file a case before the Supreme Court for shifting the said case to her city,

3. If she files any  case u/s406, then  you shall have to submit evidence of return of her Streedhan,

4. Taking/demanding  dowry is illegal. Return of dowry taken does not absolve you from the charge of taking dowry,

5. Engagae a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
No one can force to divorce .Mutual divorce must be with mutual consent, when one of the person withdrawn her /his mind for mutual consent even after filing the case, it is not possible to proceed and the divorce can not be granted

You can file the case in the court of family at your place .But when your wife file a transfer petition for her convenience to conduct the case, most probably the court may transfer the case to her city.

Solution
1.	You file a divorce petition with the help of a lawyer at your place
2.	After filing of divorce petition If needed,  file a  petition for custody of child 
3.	Defend the case if your wife filed against you on merit.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

Ask a Lawyer

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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0