• Divorce

I married 6 months back My wife is from very poor family & I from middle class family
After marriage my wife started demanding ac , shopping from malls , foreign tour When i tried to explain these things are not in our budget she said u people r not modern. She  has salary Rs12,000/- per month & i have 18,000/- per month 
From her salary she says i have to repay the loans taken before marriage which she told one by one & amounted to nearly 1.5 lac
she says we should enjoy life by going around & shopping when i tried to tell her that we have to run house
She went to her parents house 2 months back & has not returned 
When i tried to bring her back she says u o not have money for me 
I have not taken single penny from her salary still after 6 months she is under loan 
She says u people are not modern ,u do not know how to enjoy life
I do not believe in spending by taking loans 
When we tried to contact her parents ,he refused to talk
Actually her father doesn't work & brother is into drugs
 They depend  on her salary
We tried to sort  out the problem through elders bt her father says i won't talk 
how can u take decision  abt my daughter when i do not want talk
We tried to sort out the problem through their land lord as well as through councilor of our area bt her father refuses to come anywhere
He says we are happy at our home i do not want to do anything
after wait of 2 months & efforts now i want to file the case 
should i go to women cell or family court 
What will be the procedure
Asked 4 months ago in Family Law from Ludhiana, Punjab
Religion: Hindu
You can file for divorce only on expiry of one yeR of marriage 

2) only in exceptional circumstances can you file for divorce before export of one year of marriage 

3) if you want your wife you can file for restitution of conjugal rights 

4) but even if you obtain decree of RCR you cannot force wife to stay with you 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Your wife is working and not entitled to any maintenance 

2) you should not bow down to blackmail tactics 

3) wife may file false case of 498A and of dowry harassment 

4) contest case on merits 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1.Your marriage is only 6 months old, so you may persuade your wife to visit a marriage counsellor to iron out your differences. If this proves an exercise in futility then you may file for divorce after your marriage is a year old.

2. She can claim maintenance from you, which may be 1/3rd of your net salary
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
She may also file dowry harassment complaints against you, in which event you should apply for and obtain anticipayory bail and then contest the case on merits
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Since your marriage is hardly six months old, you cannot initiate divorce process.
You have to wait for at least one year from the date of marriage for filing any case against her.

The mahila cell cannot help you in this regard, they will support a destitute woman only and not a man.

You wait for one year to complete and see if she is not returning then you can approach family court for divorce.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
How much do you think can they demand What happens if we refuse to pay as we are the harrased party We tried everything to sort out refusal was theirs
moreover if they could'nt do without their daughters salary why they married her & spoiled my life

They have not made any decision that way which is bothering you now.

Dont worry about a non-existent thing.

If at all she has any demand she has to aproach curt and has to prove her claim with evidences.

That will take long time and the circumstances will be changed then.

Hence you may wait patiently for the development.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0