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After marriage in March 2021, girls family continuously intervene in our family matter and keeps messaging and calling their daughter and make her against the family. 
Issue starts when we asked the AANU that their declared in Marriage, they declined clearly and told us that they will sue us. usually AANU should give in marriage only in our community but they gave Xerox copy of FD, not actual FD. so we asked the girl to bring the AANU what is declared but she said its my fathers money not mine. so I will not asked my father. 
I was angry and asked girl to bring it or give divorce or forgot your parents. only 3 choice. make decision.
so she left immediately. we stop her but she don't want to listen at that time. and she went home.
After she reached home. she and her family made so many false accused. we later forgot everything and told that we dont want money. forgot the past and lets go home. but her family didn't allowed to go.
we went 3 times with our relatives. but they are keeps fighting. when i say please give divorce they told us that come and take your bride. but we are totally frusteted now and its been 1 year. i later tried to talk my wife that come home but she are not listening me. she follows only her father. 
now her father asking 15 lakh for divorce. and my wife told me that i will not give divorce.
i have proof in recording that they made false accused. 
timeline
13 March 2021 - marriage
17 sept 2021 - left home
23 Sept 2022 - demands 15 Lakh money.
My age = 31, Girl age = 29
From 13 march 2021 to 17 sept 2021 - she spent 3 month only in my house. rest days she spent in her home. she always find a way to go home by making excuse of exam or function.
can you tell me what are my options. and if i go legal way how much i have to pay. How much time it takes.
Asked 3 years ago in Family Law
Religion: Hindu

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8 Answers

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

- Hence, the wife's parents interference in your married life is against the law , and can file a complaint against them. 

- If she is not interested to live with you , then you can take her consent for mutual divorce 

- Further if she not agrees , then file a divorce petition on the ground of cruelty and other mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You can file for divorce on grounds of mental cruelty 

 

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

 

3) wife making false allegations against husband amounts to mental cruelty 

 

4) in case wufe files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

You can file for divorce on grounds of mental cruelty 

 

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

 

3) wife making false allegations against husband amounts to mental cruelty 

 

4) in case wufe files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 


 

Don’t go to their house and threaten them 

 

you can if you so desire issue legal notice to wife 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

If the situation is beyond tolerance you may decide to take legal steps either to continue the marriage or to discard by filing a restitution of conjugal rights petition or contested divorce petition based on the situation and the decision that has been advised by your parents and lawyer.

If you are filing a contested divorce or even mutual consent divorce, you cannot be forced by her or her father to give any amount to them.

If at all they have any claim they may have to approach court with their claim petition, which can be challenged properly as per procedure of law. 

You can refuse to budge to their pressure in whatever manner they may try to put on you.

You can ask to approach court with their claim and you can challenge the same on merits. 

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

Do not take law into your hands.

You cannot threaten her nor you can barge into their home against their opposition/objection.

If at all you are aggrieved by their behavior and if they are not willing to reconcile the issue, you may seek the legal forum for appropriate remedy and relief.

Your proposed acts may land you up in very complicated legal trouble. 

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

Threatening is a bad idea and can rope you in criminal offence. It's better you send them a legal notice through lawyer and proceed legally against them

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Settle it somehow. You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There is admission by you that you damned AANU, it amounts demand of dwory. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce no court cannot allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. Anyone can advise you to give divorce, but no one can come to your help.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Dear Client,

Parents should not become uninvited judges of problems of their daughter, become an obstacle in the daughter's married life, plant thoughts in her mind and gain control over her and promote disharmony in her family life, the judge said.

Seeking decree of divorce, one man had approached the court, which allowed his plea on the grounds of cruelty by his wife due to continuous interference by his in-laws.

HC granted a decree of divorce to a man on the grounds of his in-laws frequent interference in his marital life and noted that parents should "draw a line" and let their daughters lead a happy, married life.

 

Thank You.

 

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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