Legal Question in Family Law in India

Mutual separation

I got married before a year and the marriage was registered as per the Hindu Law. This marriage remains unconsummated as she was not ready.

Due to some trivial reason my wife is not cooperating with me and is staying away from me. I came to know that her lawyers have told her that she cannot get divorce for whatever that has happened.

Her sister is fighting with us on her behalf and she insists that we should get separated by mutual consent. I am not ready for a separation as i love my wife. I have not taken any dowry nor was she physically abused.

Now i have informed her that I am not ready for a mutual separation. I have been informed by my sis-in-law she will file a case of mental torture if i do not comply with mutual consent. She is threatening me every week.

But I also want to fight back and I do NOT want to give her divorce. If she can threaten me, i do not want to be a coward. Inspite of my innumerable attempts she is not talking to me.

If she can cook evidence by stating that i said this that or something. She can also arrange for someone to testify against me.What should i do?

I am living in the US. Can she file a police complain and get me deported?

Can i file a case of mental torture on her?


Asked on 2/10/08, 4:42 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Mutual separation

as earlier advised, the deportation etc. will depend upon your immigration status in USA. however, there is a possibility of obtaintaining arrest warrants against you by the other party. recently, it was done in a case - the girl was in India and the boy was in New Hempshire;

you are entitled to file a case against your sister-in-law if you so choose;

better try for a mutual settlement; if you need any help, pl feel free to contact. We shall do our best to help peace in the family. NO CHARGES.

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Answered on 2/12/08, 11:10 am

Re: Mutual separation

You can not force your wife to live with you or to consumate the marriage.So,go for divorce by mutual consent.

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Answered on 2/12/08, 11:37 am


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