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 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 about 3 months 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.

My queries.

1. What should I do if she files for divorce? As per HMA will she file for divorce after a year of marriage or

year of separation?

2.In the event that she approaches me for mutual consent, is that a good option?

3. Apart from meeting her (which I have requested my in laws & they have not agreed) I have tried to establish contact with her

Is that negligence on my part & how do I establish cruelty on her part towards me?

4. What kind of alimony can she expect?

5. Can the court compel her to go for counseling so that atleast viewpoints be exchanged?

6. Any other option available?

2 Answers from Attorneys

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