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Indian Law/Mutual Divorce files on pressure of parents



My marriage was done on 12-06-11 as arranged marriage and my wife lived with me only for 6 months.Since 1st JAN'12 she is staying with her home itself.The main thing is she got Hypo Thyroid as extream level and it comes as mental depression 2 months back. Meanwhile, the doctor says thyroid problem may be affected 2-3 years back but her parents couldnt identified.i found the same on December'2011 and informed her parents, but they didnt accept.
Her father is a business men and he is opposing me on every moments without any particular reason and not ready to send her to my home. Lot of meetings have arranged several times for getting their issues and solve it out,but he never change his decision and informed me that he wont to continue my relation and ready for divorce.
If she wont me,i am ready for divorce but i didnt get any confirmation from her side personally.Few public leaders have take up the issue and discussed with her father but he is not willing.

I have contact their middle men and asked to arrange a counseling, But they said her parents not ready to hear anything and he is not willing to send counseling.Now he want mutual divorce immediately.But on last march, she has told me, ultimately it may goes to separate if her father have to involve on this issue.Now the same thing is happened.I think she is getting brain wash from her parents side for stick on their decision.
Last month, her father met with my uncle through some middle men and try to gave her wedding chain.Now he is keeping her wedding chain without intimate me.

At present i heard she is normal from mental depression and treatment is going on under psychiatry.Actualy she has hypothyroid at extreme level and ultimately it came as mental depression.So i have little bit fears for living together without her parents support.

Two weeks before, both of our public representatives have met with an advocate and decided for filing a mutual petition.during this time her father has asked to return back her gold ornaments with wedding chain from our side and he also kept her wedding chain(In kerala,it known as "Thaali")for return back to us. After that advocate has told it can be handed-over if you have no objection and make another  agreement on out of court for it.They want the same immediately,So public representatives have been decided to handed-over all the things and make an agreement.
I think her father is deciding everything without her confirmation.She is believing blindly,so they are giving wrong information against me for keeping as enemy / a cheated guy.

Since March 2012, i couldn't communicate her, actual i dont know why they are keeping this kind of behavior against me and my family. I think he is miss-understanding me.

On 12 August 2012, she got mental depression due to Hyppo thyroid issue and admitted in hospital for psychiatry treatment for 2 weeks.Since March 2012, i couldnt saw. Now i dont know what is her health status and all.

Finally, As per her parents pressure and middle men decesion,we have signed Mutual divorce petition without any talks / meeting/ counseling with my wife.


So any possibility to arrange a counseling? It must be get from court end because without court order they will not come to attend the counseling.

Kindly advise me how can i get her ? If she is want me , i am ready to live together.

Expecting your valued advise.

Dear Shajil
As you have already applied for mutual divorce as a joint petition, counselling will take place as a matter of procedure in front of the court counselor. Ina way, you are lucky as yoor wife has accepted for Divorce without dragging you to unnecessary criminal litigation. anyway the best judge is you. I feel if you find that during counselling your wife wants a Divorce, then it is better to go forward and split as there is no meaning in continuing such a relationship. That is just my opinion and you are the ultimate deciding factor. Anyway choose wisely.  

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Advocate Manoj Ambat


I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems


I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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