• Please help me regarding reunion or divorce

I was separated for almost 4 yrs. (married in 12 Dec 2010) .We got family disputes because of my father- in-law at the time of my marriage reception .From that time both the families  are not in touch with each other. My wife stayed with me for 3 months (along with parents) and all the time she use to hate my family for the only reason, which happened during my reception. She torched us and she wanted to separate me from my family and she expects me to take care of her Father as her mom passed away long back early in 2006. I was ready to give my support them. But I am not ready to leave my own family for the sake of others. Also this was not the demand from them at the time of marriage .I am the eldest son who have many commitment towards my family .She even made a drama of committing suicide drinking Lysol (bathroom cleaner) .So we decided to live separate in the same house in separate portion .From that time even my parents stopped speaking with her to avoid further misunderstandings .This made me clear that she totally avoided my family ,but still she expects me to have good relationship with my in-laws ,which I did for first 3 for my wife sake even though I don’t like  . After all this happened I totally stopped interacting with my in-laws and even said them directly I won’t step into your house. My wife went to attend function to her father house and she didn’t return back till 7th month. She even didn’t come to my sister’s marriage during that time. Since I know about their attitude, I left as it is. Later in 7the month, just because they required rituals at the time of Pregnancy, she contacted me to join with me and with no other way agreed .But still they expected me to come over their house and take my wife for which I denied and then she came with some of their relative to my house. Even that time my wife made trouble to my parents. We even accepted her because she was pregnant at that time .2 days later they started about ceremonies (The real reason why she came to my home) .I didn’t accept and don’t what to make any ceremonies function, since me and my relatives are upset because she didn’t attend my sister’s marriage which was more important to us . Within 10 days she left my home for delivery and from that time I have taken care of all her delivery needs .I was blessed with baby boy. It was the day before discharge, my in-law s and wife made trouble at hospitals. They discharged then without my knowledge and took her to their home. That was the last time I saw wife and baby .Still now my wife is taking revenge .I almost waited for more than 4yrs, still she is playing with my sentiments and dignity .Please help me.Honestly, I don’t want to divorce her because of my baby. But she has ruined my life .She made cruelty for me .Currently I am in US in long term assignment, I need some solution. Is it possible for me to get divorce while staying in US? I have contacted maytime before and after coming to USA.She is behaving like psycho .She created all the issues and blaming me now. Only 2 options are for me.She may come back only if I go for divorce or if not it up to court to decide my life. I am 34 yrs old now please help me.Stil I didn’t start my life


Please Note: I didn’t get a single rupee as dowry. I am against to it
Asked 12 months ago in Family Law from United States
Religion: Hindu
1. You shall have to decide as to what do you want from this relationship now,

2. If you decide for terminating the relationship, file a divorce suit on the ground of cruelty by submitting the evidence in support of your allegation,

3. Before going for contested divorce, you can negotiate with her for filing mutual contested divorce which will be decided within 6 & 1/2 months of its filing.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) file for divorce on grounds of mental cruelty in India 

2) if you file for divorce in USA and your wife does not participate in divorce proceedings divorce would not be valid in India 

3) she can move court in India and seek stay of divorce proceedings in USA 

4) she can also file 498A / DV case against you in India 

Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. What makes you so sure that they will not file 498A and other false cases against you? You cannot take anybody for granted. Be that as it may, if it is filed then you can contest it.

2. You are at liberty to file for divorce on the ground of cruelty against your wife. She will be given the opportunity to contest the case.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

1. Filing of divorce and its prosecution in the court does not require your personal presence in the court as the presence of your lawyer should suffice. So you can engage a lawyer and he can post you the draft of the case to be signed by you for verification. You will be required to appear in the court for your witness deposition though.

2. You are free to engage any other lawyer.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) obtain certified copy of court order of dismissal of your RCR petition . You need to be sure of your facts before you take next step 

2) file for divorce on grounds of mental cruelty 

3) in the event wife files 498A case obtain AB from sessions court 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
You can execute POA in favour of relative and file for divorce 

But yiu will have to come to India during trial for leading evidence and for cross examination 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
The trivial issue flared up and developed to the extent of estranged relationship between you and your wife. 
Basically she seems to be very adamant hence she does not want to compromise and live a happy married life with you. 
Her adamant nature is due to the misguidance and patronage of her parents.
She does not want to realise about the married life and is not taking the married life very seriously may be because the life together was for a very short period and also the absence of her mother is another disadvantage which played spoilt game in your married life so far. 
May be if her mother was alive, she would have advised her properly  or that your wife would not have had the responsibility to take care of her widower father. 
Now at this stage, since she is reluctant to understand or realise the seriousness of the married life, it may not be possible to bring her back into your life in the ordinary circumstances or even a RCR case may not be an advantageous situation to you. 
Therefore as you have decided, you may opt for dissolving your marriage by a decree of  divorce, so consult a local lawyer and file a divorce case and wait for her reaction. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
I want to bring this to your attention .In 2013 i applied for Restitution of Conjugal Rights in Hindu Marriage Act. Initially my lawyer said summon reached my wife, but later I got to know   none of summon reached her. Mean time I got opportunity to go to South America .So my petition got expired or rejected. My lawyer said we can apply divorce .Since he is not trustworthy, I didn’t seek him for divorce and also believed that everything will be ok. Everyone knows that I didn’t get dowry and also I didn’t demand for that. I don’t think they will file 498A/ DV. Definitely they can’t file case against me   but if they do that it will become against them. I have enough proof against them .Since my problem occurred in front of all me and my wife relatives.
The decision of RCR is of no use at all, because even if she had received the summons and remained absent from attending the court and you getting a exparte decision, you will not be able to enforce the decree if she is unwilling and reluctant to join you back. The court may pass a decree as prayed for by you, but the cannot force her to live with you, it will be her own and sole decision to join you or remain  without you as usual. 
Thank God that your RCR petition was dismissed for default or else in the name of running it for years only your lawyer would have reaped benefit till this date without any progress in the case.




No use of talking to her for mutual contested divorce .Recently i called her during Flood in Chennai to know her safety .She abused me and ask who are you 
is it possible for me to apply divorce in India with out my presence in India (I am working in US)? .
If you have decided for applying for divorce against her you may very well go ahead.  Yes, you can authorise one of your close relatives executing a special power of attorney deed in his/her favor to file a divorce case against her by engaging a lawyer on your behalf. The special power of attorney for the purpose of this court case need to be attested by a Notary public in US or it can be attested by an officer at Indian consulate at US.
However please be aware that your presence is required for deposing evidence as a witness from your side and also for cross examination.  You may visit India during that time, your power fof attorney agent can represent you during other times in your absence. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
1. Filing of RCR is never suggested by me. It is wastage of time and money,

2. File a Divorce case against him on the ground of cruelty by producing evidence in support of your allegation.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You can execute a POA in favour of anyone in India to deal with your said case by registering it before the Indian Consulate,

2. After that your POA holder can attend to the hearing, engage a lawyer etc. but at the time of submitting evidence, you shall have to appear before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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