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Divorce

Wife and in laws threatening for fake cases

My marriage is love marriage, and before marriage I was planning to take flat so that I can live with her after marriage as my current home was 1 bhk and my parents and Bhaiya bhabhi was living there. When her father (my father in law) got to know that I am planning to buy new flat, he started forcing me to buy flat near their home, for which I wasn't interested and I was looking home near my family home, and whenever I used to finalize flat for purchase he used to come and say don't buy this flat not good for growth, and then again he used to force to buy near their home with joint name of me and his daughter (he was saying I will make fake marriage card and you will save registration charges), which I denied. Then he planned with her daughter, and she started saying that my father is saying what love he is having for us he is not listening to us. I told her that I love that's why I am planning to marry you but I will take flat where I want and you are free to take your decision , and I bought flat and we got married. But since day 1 after marriage, she started fighting and force me to sell my flat and buy near their parents home, I said her again you started same thing, I have just bought flat for our marriage and you are saying to sell this. Then she told ok I will buy my own flat and for that I need to keep all my salary (she is earning 75k per month) I said ok you keep your salary I am fine with this but please stay happy life is above these things. But then she started fighting with me for nothing, she used to start fight over nothing and abuse me and call her father, then his father used to call me and shout why you are beating and abusing her , which was absolute lie. This went for 5 6 months. In this 5 6 months she used to go her parents house for 15 days in every month and for remaining day she used to fight and shout in my society. So I installed CCTV in my living room, then her fight and abuse stopped. Now she neither wants to leave me nor plan any life with me, she come and stay in my flat but no physical contact and then go to her parents house and come back again and she her father is threatening for fake cases. I have all the proof of her fights and abuse over me. But I am not putting divorce as her father is having connection with many IPS and local politicians. Please advise how can I get out of this trap safely, I tried to take some people's advise, they told me don't put divorce first as they will file package of cases.

( Mumbai, Maharashtra )

1 year ago

Reply

Dear Client,
Under Section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. When there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.