Legal Question in Family Law in India

Hi

I got married on 18th Nov 2012.Post marriage issues of money (her finances, stridhan), inlaws (adjustments, expectations), sex

(marriage is unconsummated as she did not want kids till a year),cooking, her dress sense cropped up. Further even on my birthday

she did not wish me though I have celebrated her birthday well

Both of us are working professionals. I had to go out of town with my parents (parents and I stay together) during financial

year end (March 2013) and my wife could not accompany me as she had work pressure. So she went to stay with her parents. Before she went

I had asked her to think over the above matters. This was approximately 4 months after our marriage. But matters were

twisted to suggest that I and my parents had asked her to go. Her sister and her parents and relatives abused us in person

and took my wife’s dresses and other belongings. We are now separated since and my wife despite my attempts

to communicate refuses to answer my calls, emails, smses etc. She is not even prepared for counseling. Though we have

wedding proofs there is no marriage certificate. I do not want to separate from my wife. She earns approx 70% of my salary.

Further I have written atleast half a dozen mails to her telling her to meet me and expressing my love for her and telling her that marriage, relationship needs to be worked upon

but to no avail.I have also contacted her relatives on email. In mails to my wife and her relatives (in which she was copied) I have always been cordial

and have maintained that whatever issues can be settled thru dialogue. I have maintained that I stay committed to the relationship

and there is a need for independent meeting between my wife and me or in the presence of a marriage counsellor( I have given

the marriage counsellors number to my wife thru email). The relative is insisting that I go to my wifes place (which I have not

since we seperated) and discuss issues with her and her parents.

My queries.

1. Do you think whatever I have done is a good move so far & what else should I try or now just keep quite?.

2. WOuld it be a mistake to go to my wifes place as it can open ground for police cases?

3. What can be the possible action in future from my wifes side? Since their complete silence is a bit strange.

4. Can the court compel her to go for counseling (once she approaches for divorce) so that atleast viewpoints be exchanged?

5. how do I establish cruelty on her part towards me?

6. Since she is working What kind of alimony can she expect?

Asked on 7/09/13, 10:22 pm

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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1. You could consider better methods for reconciliation.

2. You may visit your wife's place without any fear. You may inform the police in advance, if you have any fears.

3. Their future action may include dowry / cruelty police case, claim towards istridhan and alimony.

4. No. there is no power with the court to compel counselling.

5. There is no legal provision to establish any cruelty by wife to the husband except that husband may seek divorce on the ground of proven cruelty.

6. She may be entitled to half the combined income of both of you.

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7/09/13, 11:04 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in
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you need to consult the lawyer in person as the answer of your queries depends upon various facts, figures and documents.

thanks and regards

Adv. Rajiv

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7/10/13, 2:52 am
Yash Kumar Yash Kumar & Co.
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0 attorneys agreed

Dear Sir,

You should file a case for restitution of conjugal Rights or if you are not sure about her whereabouts then you should file a writ petition for habeous corpus.

For further assistance you may contact on 08750228171.

Thanks

Read more
7/10/13, 8:44 am

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