• My wife and father-in-law are cheating

Hi everyone ,
I'm a private employee from Hyderabad , married in Feb 2016 Christian marriage 
Conditions before marriage - I promise their parents that I would take her to abroad for further education 
I fixed for h1b visa but got rejected before marriage and I conveyed the same message to my inlaws but they were still interested and said " you could go anywhere ,we have confidence on you"
They gave 5 lakhs for marriage not as dowry 
Post marriage 
Everything was fine until one week , later she started thinking about her past , I was so annoyed because of her unhappiness . 
I have asked to tell me clearly about her past.
She opened up and said that she had a boy friend for about 5 years , as he is a Hindu her father didn't agree . She was house arrested for 2 years later got married to me.
Her boy friend was ok phone with her one day I was furious and shouted on her .
She never allowed me come close to her , she was in a myth that her bf would come back.
Started checking my messages , recorded my phone conversations which I was unaware about the app that was installed on my phone.honestly I have no affairs .
One day she was on phone while I was moving to my office.
I called her and shouted , she recorded and left the house 
Here comes my father in law and threatens me " why did you scold my daughter, I will file case on you" and now he asks me about my visa and phones my relatives tells all narrow minded talk which something like your boy is treating my daughter as a slave blah blah" 
I feel there is nothijg strong eveidence for them but still her father and she are threatening me to send to jail
I'm from a very middle class family I have no good political power nor people .
I tried reaching my wife she refused to come back 
Her father doesn't know the truth I visited twice but they never allowed me to enter the house
She is now no where no call no address her father says" get your elders and we will talk in a park or a restaurant"
But he never turned up . Now he is threading me when I called him for my wife , he inreturn asks me where my daughter.
It's been closely 2 years she left my house in May .
Don't know what to do , many are calling and threatening me to agree for mutual doubt force and to return their money .
I agree that I was angry in her but I apologised for the mistake , never spoke about her bf with her father .
I'm being so good to her but she is leaving me and her father never turn up for the meeting 
I was told to file RCR and cheating case but I donot want to complicate please help 
What if I file cheating case?
What if I file RCR? 
Please advise
Asked 8 years ago in Family Law
Religion: Christian

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8 Answers

In my opinion the RCR may be a waste exercise.

You cannot force her to come back if she is not interested or unwilling.

Also her whereabouts are not known for the past two years or so.

It cannot be said that whether she is living in adultery with her boy friend or living alone but in touch with him

This is a clear case of desertion.

Hence you can file a divorce cae on the grounds of desertion citing that she abandoned the matrimonial home on so and so date which is more than two years prior to filing this divorce case and there is no valid reason for this act, moreover her whereabouts are not known till this date after she left the matrimonial home.

This can be a solution to your situation.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

File for divorce on grounds of cruelty and desertion

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

3) wife refusing to have sex amounts to mental cruelty

4) RCR is useless

5) you cannot force wife to stay with you even if you get court orders for RCR

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Mutual consent divorce is best option

2) return Rs 5 lakhs a d get divorced

3) you cannot force wife to stay with you

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

File a general diary over speed post to your local police station stating all facts in detail, Without hiding anything. Moreso, install automatic call recorder app in your phone for evidence purpose. Yes file RCR. It will save you technically, and state she denies you physical relation because of her boyfriend, it will work wonders, denying such is a good ground for divorce.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. No cheating case is made out. You can seek counselling and if this also does not help then are free to file a petition for dissolution of marriage on the ground of cruelty.

2. 498A can be filed by her at anytime. It is not that easy now to put a husband in jail for 498A. If and when the case is filed then apply for anticipatory bail.

3. Mere telephonic conversation of an angry outburst does not prove the offence under 498A.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

Such kind pity shouts not enough to prove cruelty, But she also not interested to be u, y u want to subsist such marriage.

If she is adamant not to stay with u, than ur non corporation might invite false criminal cases by her.

WELL u can file for RCR or divorce for desertion for 2 years.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You have so many issues which have to counselled in person otherwise somebody may misuse the same.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Since the events are taking ugly turn and if yo initiate any legal step other than mutual consent divorce, you may land in ore trouble.

You admit to have received Rs. 5 lakhs even before the marriage was solemnised, this is a clear case of accepting dowry.

They are asking you to return the money what they have given you and agree for mutual consent divorce, if you are not willing to return the same then they may plan to lodge a dowry harassment and cruelty case.

Then you may suffer more loss in the form of money, energy and time.

Better think patiently and decide a happy ending.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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