Legal Question in Family Law in India

I stay with my mother. My sisters stay close by and often visit home as my mother feels lonely. My wife never liked when my sisters used to visit home frequently as she has to show some hospitality. She always finds fault with my mother and has never followed any of our culture or practices. Almost every festival she has celebrated in her house and even after marriage, her inclination is more towards her family. She wants me to stay away from my mom and siblings and stay with her where she wants so that she can lead her life without any restrictions.

My wife went for delivery in 2018 August (1 yr 9 months). Since then she never returned. She only came for a small function at home and stayed for 10 days and returned back. She has shifted to a house near her office and stays with her mother and brother. She gave an excuse that she can feed the child so she is staying there. & took all her belongings. Earlier she used to visit my place twice a month only over the weekends. Since beginning of this year, she has stopped coming here and there are no talks between us. I have missed my daughters childhood. Even her family never involved and tried to resolve the issue, may be they want to keep her so that she can support them financially. She has never shared her finances with me till date.

We are married since 2016 and in last 4.5+ years she has spent maximum days in her relatives house and even when at home, we have stayed like strangers for many months and since 1 year 9 months (though for delivery) we have hardly stayed together.

There have been many fights between her and my parents (even physical 3 years back), and between me and her. My family is orthodox and she wants to be independent and has challenged and criticized our values. We have compatability issues since beginning and I want to go for separation. I have been tolerating her wrong behavior with the fear that she will put any false case and harm my mother or sister. Can you please guide me:

1) Are these grounds enough to file a divorce case, I can not stay with her anymore and feeling suffocated in this relationship

2) I also fear that she can file any case such as DV or dowry harassment etc. Can she file a DV cased based on something that happened more than 3 yrs back?

What other things should I keep in mind when I go for filing a divorce

Asked on 5/20/20, 9:28 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

1. Yes you can file divorce.

2. She has a cause for filing a DV Act Case or a Dowry harassment case, but delay will make it weak.

Other thing to be kept in mind

A.Inform the Mahila Police station of your area once you make up your mind for filing divorce.

B. Compromise with her in a out of court settlement and and then fie a joint petition for divorce. This means avoid sending her notices etc from a lawyer of a Court.

C.Settle for a one time alimony, as you have a child and maintenance would be demanded by her. In case you settle for periodic maintenance you may have to keep paying till a long period.

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Answered on 5/21/20, 10:12 pm

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