• Married and living separate, need remedies

Dear Lawyers

I got married on 11 Feb 2019, went to Thailand for honeymoon for 7 days n spent lavishly for her n shown lot of love irrespective of her mom behaviour on marriage day.

My wife mom is arrogant, dominant and disrespectful to me n my family from the day 1 of marriage. She want me to be a slave to fulfill their wishes n asking me to come seperate using fake ideas preaching to her daughter and my wife follow her mom mode of treatment, after two months of marriage, no love n affection on me. 

After 6 months 1st Oct 2019 , wife went away by making issues with her mom. 1st feb 2020, they came to my house n made issues n taken jewel. Near my members called police and we went to station but police told to talk n sort out or go to women police. 
Outside of police station, Wife side relatives asked me whether I want to live with her. I said yes, they wrote in a white paper that I will find a house n live seperate, n I told them to write they have taken gold in the same paper, n both me n wife signed..till that moment I was in dilemma n doesn't know what is happening..but they literally threatened . To avoid my parents to talk or argue, I want to end the things smoothly..so I signed..fr that day to march 2020, wife abuse me my calling 100 times n pressure me to see a house n threatened she will go to police...then I realized this marriage life is not worth n stopped message or talks..
Meanwhile I was getting on-site opportunity due to corona it got postponed to May 2021, now I'm in a situation to travel but my passport got expired in Jan 2021, I applied for new passport by asking members in passport office what status , one person said not legally divorce n not living together for kong time , u can put seperate...so I got new passport n did pcc as well...near by police who verified pcc for passport n know my story n didn't said much about the status...he told to talk n try to wife....for putting visa again pcc , same person came n verified...no issues on marriage status...old passport is taken during my 12th n new passport taken on Oct 2020..both passport doesn't have wife name .

Will it make any issues, btw I don't have marriage certificate either to add her name , since I decided to divorce, I gave status as seperated.. passport doesn't have any status printed..n no wife name.... Atleast I want to go onsite n work for 6 to 8 months to save some amount...my wife is silent n some times asking me what decision I have taken but her mom is the final decision..If they taje decision it will be smooth n I go for mutual..if i file divorce they will counter attack ..what shall I do in this situation, please help..
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

No need to bow down to pressure tactics 

 

2) I presume you have paper wherein it is written that wife has taken all her jewellery 

 

3) don’t purchase any property since your relations with wife are strained 

 

4) you should go abroad for  work purposes 

 

5) if wife is agreeable file for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

1) You should keep that paper in safe place as it will come in use if your wife tries to file any petition against you.

2) If your wife is contacting or threatening you, start collecting such evidences from now on. 

3) Since there are no issues with your passport, you should go and work abroad, without doubt.

4) Do not get another residence for you wife to reside if you do not want to stay with her anymore.

5) Stay separated and file for divorce if she doesn't agree for mutual divorce.

Thank you

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

  1. Under Section 10 (3) (b) of Passport Act, 1967, your passport is liable to be impounded for suppression of material information.
  2. Under Section 12 (b) you are liable for jail for not less than one year and up to 5 years.

Under these circumstances you best option if to seek divorce on mutual consent from wife and close the matter.

  1. You can file mcd now and go onsite, you can come back after one year, appear in court and get decree of divorce. That will close everything. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Now the priority before you is to take up the new assignment and carry it out peacefully without any legal problems.

So better proceed with your on-site program and complete it successfully.

You can decide about the fate of your marriage or the matrimonial home after returning from your on-site program.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Better initiate mutual divorce. 

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Its better to go for mutual or be separated. if she is not ready you dont have any choice but to go for contested divorce

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

That depends on her complaint we can't presume things just like that. 

 

No unless you have flouted any of legal provisions. 

You need to take legal advice if any cognizable criminal case is filed against you and your parents or any FIR registered falsely. 

 

You can send her a notice if she is not ready for mutual divorce file contested divorce in family court

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Inform your wife in writing that since she doesn’t want to stay with you the best option is for divorce by mutual consent 

 

in alternative stay separate without. Divorce 

 

Then go abroad for work purposes 

 

File for divorce after coming back to India 

 

rely upon correspondence exchanged with wife wherein she refuses to stay with  you 

 

 

you cannot be forced to leave your work and come back to india 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. If you both have been living separately for considerably long time then there's no question of you abandoning her. 

Even otherwise she can approach court only for divorce and not police for this, hence you can proceed with your proposed on site program. 

2. No, they cannot. 

3. You may have to wait and watch the developments because you cannot take precautions against a non existing event. 

4. If you have decided to divorce then you can initiate the process. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear sir,

1. They might file a case of false domestic violence and a dowry case, but we cannot do anything unless the complaint is filed. The only thing you can do is start collecting evidences that favour your case. keep the copies of the mail.

2. If they file a case of divorce in India, you might have to come back to India for court appearances.

3. Sir, without a complaint against you , no steps can be taken in apprehension.

4. Sir to avoid complexities you can file a mutual consent divorce before the family court of your district.

Thank you

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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