Legal advice requested (34M who has filed for divorce with 30F)

Community Forums Legal Advice India Legal advice requested (34M who has filed for divorce with 30F)

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    • #57181 Reply
      User_71791b84
      Participant
        U
        User_71791b84
        PARTICIPANT
        February 9, 2025 at 7:29 pm
        TLDR :
        I (32M) filed for a divorce in Dec 2024 in Mumbai (Bandra Court) after almost 2 years of mental harassment from my In laws.
        Completed 2 rounds of councelling from Mahila takrar committee. Got a call today from police station to come with my passport.

        Long version:
        We were married for 4 years. It was an arranged marriage. They are from outskirts of Mumbai (Ambernath) while I stay in the suburbs (Malad). Wife and her family were always dominating. I pushed back on nonsense demands like international vacation every quarter, suv to be purchased to visit grocery market etc. They always wanted me to shift to their house in Ambernath which I refused. She never wanted to hire a maid for household chores and expected me to do it since her father used to do it at their place. I pleaded with her to hire one since the house was getting dirty but she and her family refused stating security issues and things getting stolen. She has a permanent WFH role while I have a 5 day WFO role. I earn 2x her salary. Things were not rosy, but under control for the initial 2 years.

        The behavior changed when my daughter was conceived. She immediately went to her home stating I don’t give her enough time and stayed there for 18 months. I that time period I used to visit her twice a month. They used to pester me to shift permanently to their place which I declined again and again.

        We had a lot of counselling from family members and she finally moved back in after 18 months. We hired a full time maid to take care of the house chores. She moved out after 2 months stating vaccination reasons and only came back to collect her jewelry. On the advice of my cousin who is currently separated from his wife we hired a videographer to record her act of removing jewelry from the house.

        Post this I immediately contacted my cousins lawyer to file for divorce ( packing and taking away all your belonging was a huge red flag for me). Before I could file, she filed for a complaint at Mahila takrar committee and I got a speed post summoning me in a week. I went with my lawyer and after 2 sessions it was deemed failed during which my divorce petition was filed..

        I recently got a call from police station informing me that a complain has been filed against me and my mother and I would be required to go there with my passport. The inspector repeatedly tld me not to worry. I asked the for a copy of the complaint to which I was asked to physically come for the copy. I asked them to send the request via speed post so that I can buy some time to think and discuss.

        I’m planning to visit my lawyer once the complaint comes via speed post. Any recommendations on possible problems she would have created and solutions to resolve them?

      • #57197 Reply
        User_4c4c5ce2
        Participant
          U
          User_4c4c5ce2
          PARTICIPANT
          February 9, 2025 at 7:39 pm
          Why are they asking for passport?

          • #57203 Reply
            Luckysachin9844
            Participant
              L
              Luckysachin9844
              PARTICIPANT
              February 10, 2025 at 1:32 am
              Nope. They can’t keep.

            • #57202 Reply
              User_a4ade1fc
              Participant
                U
                User_a4ade1fc
                PARTICIPANT
                February 10, 2025 at 5:07 am
                May be they know ur on flight risk, and do you have a Misstress? These can be reasons for those sketchy claims .

                • #57208 Reply
                  User_71791b84
                  Participant
                    U
                    User_71791b84
                    OP
                    February 10, 2025 at 5:37 am
                    How is flight risk defined? What can I do to avoid this?

                    • #57211 Reply
                      User_a4ade1fc
                      Participant
                        U
                        User_a4ade1fc
                        PARTICIPANT
                        February 10, 2025 at 5:47 am
                        Like to flee the country. From what you have said they haven’t moved officially . If ur planning to do it, know the consequences . IDK think you can avoid it you have to fight it in court ,that you don’t flee the country. Now is the time if ur , u know

                        • #57215 Reply
                          User_71791b84
                          Participant
                            U
                            User_71791b84
                            OP
                            February 10, 2025 at 5:57 am
                            I am not planning to flee the country, not even renewed my passport. I have prepared myself mentally to fight this for decades if necessary.

                  • #57196 Reply
                    User_986e4e27
                    Participant
                      U
                      User_986e4e27
                      PARTICIPANT
                      February 9, 2025 at 7:41 pm
                      India is getting messed up day by day.

                      • #57201 Reply
                        User_4c4c5ce2
                        Participant
                          U
                          User_4c4c5ce2
                          PARTICIPANT
                          February 11, 2025 at 2:42 am
                          Only a Mao like person can heal this place

                          • #57207 Reply
                            User_986e4e27
                            Participant
                              U
                              User_986e4e27
                              PARTICIPANT
                              February 11, 2025 at 12:09 pm
                              It won’t heal now. Goons and Idiots have taken over.

                        • #57195 Reply
                          User_4b1016e7
                          Participant
                            U
                            User_4b1016e7
                            PARTICIPANT
                            February 9, 2025 at 8:08 pm
                            Post this publicly tagging Mumbai Police, SIFF, NCM and Deepika Bharadwaj seeking help on Twitter

                          • #57194 Reply
                            User_70ade587
                            Participant
                              U
                              User_70ade587
                              PARTICIPANT
                              February 9, 2025 at 8:20 pm
                              I am not an expert but reading this I feel bad for you and your child.

                            • #57193 Reply
                              Girishrider833
                              Participant
                                G
                                Girishrider833
                                PARTICIPANT
                                February 9, 2025 at 8:30 pm
                                Please take help of Deepika Narayan Bhardwaj and NCM India council

                              • #57192 Reply
                                User_625b2086
                                Participant
                                  U
                                  User_625b2086
                                  PARTICIPANT
                                  February 10, 2025 at 12:42 am
                                  I think it’s high time the laws get amended

                                  The chances of people misusing the laws of women protection is more than genuine cases

                                  Women are more than capable of protecting themselves even without these laws today

                                  Laws need to evolve with the changing times

                                • #57191 Reply
                                  Samirguru216
                                  Participant
                                    S
                                    Samirguru216
                                    PARTICIPANT
                                    February 10, 2025 at 2:25 am
                                    Whenever meeting cops, go with as many people as you can. You can never be sure about them and their tactics.

                                  • #57190 Reply
                                    Prakashtiger378
                                    Participant
                                      P
                                      Prakashtiger378
                                      PARTICIPANT
                                      February 10, 2025 at 2:48 am
                                      NAL, Unless court ordered you to submit passport as a condition of bail, do not show or give them your passport.

                                    • #57189 Reply
                                      User_7182b3d7
                                      Participant
                                        U
                                        User_7182b3d7
                                        PARTICIPANT
                                        February 10, 2025 at 3:12 am
                                        498a case, bargain with wife for money, give her what she wants, otherwise you have to spend years in courts n nothing will happen

                                        • #57200 Reply
                                          User_71791b84
                                          Participant
                                            U
                                            User_71791b84
                                            OP
                                            February 10, 2025 at 5:42 am
                                            I am not planning to give her any money under any threat. I’ll prefer to spend it fighting the case for years. Don’t want to create another Atul Subhash case were my money will be used to file cases against me.

                                            • #57206 Reply
                                              User_7182b3d7
                                              Participant
                                                U
                                                User_7182b3d7
                                                PARTICIPANT
                                                February 10, 2025 at 5:47 am
                                                I suggest you finish the case early with mutual consent otherwise contested cases go on for 10 years.

                                                • #57210 Reply
                                                  User_71791b84
                                                  Participant
                                                    U
                                                    User_71791b84
                                                    OP
                                                    February 10, 2025 at 5:58 am
                                                    Looking at their ego factor, they will not be in a mood to move on. I have prepared myself mentally to fight this for decades if necessary. I am not willing to pay her under any threats since I have faith in the judicial system.

                                                    • #57214 Reply
                                                      User_7182b3d7
                                                      Participant
                                                        U
                                                        User_7182b3d7
                                                        PARTICIPANT
                                                        February 10, 2025 at 6:03 am
                                                        Not to discourage you, but you will be disappointed seeing how broken the judicial system is. Just save your time, time can’t be bought.

                                                      • #57213 Reply
                                                        User_549c76e4
                                                        Participant
                                                          U
                                                          User_549c76e4
                                                          PARTICIPANT
                                                          February 10, 2025 at 10:29 am
                                                          >Β I have prepared myself mentally to fight this for decades if necessary. I am not willing to pay her under any threats

                                                          Brilliant, OP. Never let go of this attitude. Our judicial system is shit but never ever give into threats. I hope your parents are as mentally strong as you are.

                                                    • #57205 Reply
                                                      User_7d3db554
                                                      Participant
                                                        U
                                                        User_7d3db554
                                                        PARTICIPANT
                                                        April 6, 2025 at 7:40 am
                                                        Soo you don’t want to pay for your own child … Toh fir bachaa kyon kiya …. So cheap Father ….Β 

                                                  • #57188 Reply
                                                    User_7182b3d7
                                                    Participant
                                                      U
                                                      User_7182b3d7
                                                      PARTICIPANT
                                                      February 10, 2025 at 3:12 am
                                                      498a case, bargain with wife for money, give her what she wants, otherwise you have to spend years in courts n nothing will happen

                                                    • #57187 Reply
                                                      Fiercerajat8996
                                                      Participant
                                                        F
                                                        Fiercerajat8996
                                                        PARTICIPANT
                                                        February 10, 2025 at 3:49 am
                                                        Your wife and her family needs to to have a chat with Yamraj, preferably in Yamlok.

                                                        Pls be kind and ensure a one way ticket for them and wish them a happy journey

                                                        • #57199 Reply
                                                          User_71791b84
                                                          Participant
                                                            U
                                                            User_71791b84
                                                            OP
                                                            February 10, 2025 at 6:02 am
                                                            Let’s try the judicial system first. I have faith in it.

                                                        • #57186 Reply
                                                          Prorider4116
                                                          Participant
                                                            P
                                                            Prorider4116
                                                            PARTICIPANT
                                                            February 10, 2025 at 5:22 am
                                                            Send someone else like your lawyer or anyone who you can count on and collect the copy of your wife’s statement. If FIR is filed, you need to take anticipatory bail ASAP. Cops have asked for your passport so that they can take it into their custody. Your wife/family might have mentioned that you may flee the country. So, don’t go with your passport.

                                                            Read more about it here [https://divorcebylaw.com/cruelty-against-husbands-in-india/](https://divorcebylaw.com/cruelty-against-husbands-in-india/)

                                                            [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)

                                                            **Disclaimer:** Without understanding all the facts of the case, the advice given here may not be the best. It is advised to consult an advocate to get better remedy for the issues at hand.

                                                          • #57185 Reply
                                                            User_5464ac72
                                                            Participant
                                                              U
                                                              User_5464ac72
                                                              PARTICIPANT
                                                              February 10, 2025 at 5:22 am
                                                              She could’ve claimed that you abandoned her and your daughter. This might be a reason why they asked for the passport, but regardless of the complaint, they cannot confiscate your belongings. Make sure you go with a lawyer, though.

                                                              My other question is, why did you even marry into a family like this? I mean, surely you had a courting period where you get to know their parents, surroundings and their nature etc

                                                              • #57198 Reply
                                                                User_71791b84
                                                                Participant
                                                                  U
                                                                  User_71791b84
                                                                  OP
                                                                  February 10, 2025 at 5:47 am
                                                                  I had done a through background check on them. There was no red flags identified. I assumed no news is good news.

                                                                  • #57204 Reply
                                                                    User_5464ac72
                                                                    Participant
                                                                      U
                                                                      User_5464ac72
                                                                      PARTICIPANT
                                                                      February 10, 2025 at 5:49 am
                                                                      Her father used to do household chores while being decently rich (them asking you to move into their house) didn’t appear as a red flag to you?

                                                                      • #57209 Reply
                                                                        User_71791b84
                                                                        Participant
                                                                          U
                                                                          User_71791b84
                                                                          OP
                                                                          February 10, 2025 at 6:08 am
                                                                          This expectation was after marriage. Had I known this before, I would have not married. If a father is not respected in his house, I will not be respected in mine.

                                                                          • #57212 Reply
                                                                            User_5464ac72
                                                                            Participant
                                                                              U
                                                                              User_5464ac72
                                                                              PARTICIPANT
                                                                              February 10, 2025 at 6:41 am
                                                                              That’s correct! I’m all for reducing the strict gender roles that we are assigned to, but a family that follows a norm that is very different from the usual social norm is definitely not the kind of family you would want to marry yourself into

                                                                    • #57184 Reply
                                                                      User_5161de67
                                                                      Participant
                                                                        U
                                                                        User_5161de67
                                                                        PARTICIPANT
                                                                        February 10, 2025 at 6:57 am
                                                                        Fuck man . Getting married is getting scarier every day.

                                                                      • #57183 Reply
                                                                        Indianshivansh3984
                                                                        Participant
                                                                          I
                                                                          Indianshivansh3984
                                                                          PARTICIPANT
                                                                          February 10, 2025 at 8:37 am
                                                                          She could have filed a standard divorce package u/ S85-86 BNS, 316(1-2), the DV Act, and S144 BNSS for maintenance.
                                                                          The police might be asking for your passport based on her allegations, or they could be trying to create pressure for bribes. Marital disputes are often seen as prime cash cows for corrupt policemen.

                                                                          You need to cooperate with the police, but not at the cost of your rights. Here’s what you can do:

                                                                          1. Go to the police station or, better yet, send your advocate to understand the extent and scope of the complaints filed against you.
                                                                          2. Get the police to remove your mother’s name from the complaints unless the wife has adequately proven some wrongdoing.
                                                                          3. You may need to submit your passport (cooperate for now, as it counts), but make sure to get them to provide written reasons as to why they are asking for it.
                                                                          4. If needed, file for anticipatory bail to avoid the threat of arrest and relieve some pressure.

                                                                          After-all said and done, it would be cost-effective to settle through mutual consent divorce.

                                                                        • #57182 Reply
                                                                          Salonipanther485
                                                                          Participant
                                                                            S
                                                                            Salonipanther485
                                                                            PARTICIPANT
                                                                            February 11, 2025 at 1:49 am
                                                                            Don’t take your passport. Only the court has the power to impound it.
                                                                            Take a lawyer with you.

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