• Divorce help

Hi,

Me and my wife had been fighting a lot and she has left me multiple times in the past. This time the fight went to a level where she called the cops and accused me that I am throwing her from the house. Luckily for me I had a video recording showing her packing her stuff and threatening me of acquisition. 
2 days after the cops incident she went back to her fathers house with all her stuff including family gold.
We have been staying away from last 1 month now and no communication between us at all. 
Not sure what should I do next.
Shall wait quietly for the next action or take the next step.
we both work in the same office and our office is going to kerala for yearly meeting and since office know we are husband and wife, they have given us the same room.

What shall I do? shall I attend this connect in Kerala or just avoid it or go there and get myself a different room all together.

Thanks!
Ketan
Asked 5 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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18 Answers

It is better if you don't want to stay together to file a divorce on ground of cruelty further once you initiate the action and then in Return if she file an case that can be contested on ground that the cases has been filed after divorce just in revenge and reciprocating divorce petition. False case and living behind husband is cruelty and divorce can be taken

Further you can go on work and stay in separate room that will be better.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) keep your channels of communication open with your wife

2) go for office get together at kerala

3) try for reconciliation

4) if reconciliation fails file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hello

You wife left you after creating a scene. She wanted to entangle you in a false case and put the blame on you so that she could not be accused of desertion.

You should not go to kerala as she could again put a false case against you.

Don't file a rcr application against her or ask her to come back.

She will herself contact you after some time. If she does not don't disturb her. She would in time understand and act in her best interests.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You both are still husband and wife legally, it your wish either you can stay or not.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

Settle in same room, don`t make personal dispute public (question of ego will arise which may cause filling false cases). May be change of atmosphere and stay together bring some conciliation.

Well, as a safe side, don`t initiate any legal remedy like diovrce and other. Let her decide, what she wants.

At this stage your initiation for diovrce will cast - fault on you.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

From your question, it is not clear that you want divorce or not.

Don't take action against her first, wait and try to talk with her or her family about divorce.

Mutual divorce is good for both of you, specially for you.

If your office issued 1 room and right now you both are husband, wife, so stay in 1 room,

no problem in this situation.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Ketan,

In my opinion, you should attend this connect in Kerala and avail the opportunity to live together. On meeting her discuss the matter at length. Question likely to be discussed are:-

1. Whether she wants to live with you as husband and wife.

2. If yes, what are her conditions.

3. If no, what are the future course of action.

4. Divorce by mutual consent?

5. If yes, terms and conditions of the divorce by mutual consent can be discussed.

6. If no, what she actually wants and it amounts to cruelty or not. If yes, they we can file a case for divorce.

After this meeting, you can take decision for future course of action.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Sir,

If things not working , talk and get a mutual divorce.

At least when you ask for same you might know her intensions and demand.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

At this point of time, you have a decision to make very want to continue this marriage or apply for divorce.

If you decide continue your marriage you can file a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights. If not, you can file for divorce on Grounds of cruelty by wife.

As your marital discord is at all time high you should avoid staying with her as that would complicate things between you and your wife can also create some scene in Kerala in order to malign your reputation in front of your colleagues.

So, I would advise you to book different rooms if you are planning to go to Kerala for the meet.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Concerned,

DO NOT MISS THE OPPORTUNITY to be with your better half - try to resolve the issues amicably when you are on outing - these seems to be routine husband wife issues sort them out.

IF NOT then you may choose to file as case for restitution of conjugal rights which may help you later from false cases.

HOWEVER we still recommend to sort out your issues amicably.

Best of luck

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

Dear Client

If you want to stay together and sttle out you differences amicably then it is the best opprtunity However if you want to go the other way then try avoiding going on the trip entirely and file a divorce petition accordingly.

Adv vikas khatr

Vikas Khatri
Advocate, Delhi
178 Answers

Not rated

It is totally dependent on you whether you want to stay in the same room in the Kerala you want to stay separately if you want to carry this relationship you have to go for the compromise and find out some mediation formula because divorce is going to take a longer time.

You need to do some research on the behavioural part of your wife and workout to rectify the problems otherwise if things to not improve you have to file a case under section 9 for the Restoration of conjugal rights and let her respond in case you do not respond and you get expired after six month of your separation you can go for divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You should wait for some time and then talk to her with regards to the future.

if things do not work out then ask her for mutual consent divorce.

You may use this Keral time as a mediation time and ask your wife to settle the things, if possible.

if she does not agree for anything then come back and file a case for restitution of conjugal rights.

Let me know if I can be of any further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You remain silent for the present.

You can attend the Kerala meeting also without showing your resent.

There's no harm in staying in the same room to.

You pretend innocence and do not even talk to her.

Stay away from indulging into any type of communication with her even when you both are together.

After giving her a chance and becoming aware of her intentions and future plans you may decide further course of legal action because it will be too early to jump into any conclusion hastily.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. You are to take a call on whether to go to Kerala or not.

2. In this scenario you should serve her a alwyer's notice to return to her matrimonial home and resume cohabitation so that you have a defence if she files a false case tomorrow.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Mr Ketan I have come across many cases like this. I can understand your problem. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. As you know that marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, friendship, faith and understanding to make it last. Moreover a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere.

Now there is bitterness in your relationship as she has called the cops once.

You have to take a call now as you how you want to proceed in life now.

You can contact the family counselor. The role of a family counselor is an extremely important one in today’s society. There are many individuals who have issues that need to be resolved yet are unable to do so on their own in an effective manner. This is where family counselors enter the picture. These individuals help others when they need to work out issues and need an unbiased individual to help them to do so. A family counselor is an individual who treats married couples or family members in order to help them overcome mental or emotional problems that may result within the home. The family counselor will diagnose any disorders and provide effective treatment measures in which to help the family members resolve their issues.

Try to sort out the issue amicably with the intervention of elderly people. If nothing is sorted then you can file for mutual divorce. Divorce by Mutual Consent, as the name suggests, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honorably court, is known as mutual consent Divorce. It is the quickest form of divorce in India. It takes 6 months to settle the mutual divorce proceedings and you need to appear two times in court to get the order.

If your wife doesn't agree for mutual divorce then you can file a consented divorce petition according to Hindu laws.

If you need any help you can contact my assistant to book a consultation. I will help you.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

Dont ignore your work due to family issue. Go to kerala and politely ask your company to accomodate you in different room or you yourself pay the expenses of separate accomodation.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1) You can get single or different room as you don't want any further fight.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

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