Re: wife went to her father place and not coming back

SAM (Querist) 30 June 2014 This query is : Resolved
Dear Ld. Experts,

This is the situation of my colleague as mentioned below:

1. His marriage was arrange marriage. No dowry nothing. After 6 months of marriage she always used to crib and cry for petty things and used to quarrel with husband for no reasons.

2. Sometimes she used to do natak of doing suicide at his place just by doing petty quarrels. Her father said to him that "you are not capable of being a good husband as you are not spending money on her. Only when money is spend on his daughter, then only she stays in his house."

3. After 1.5 yrs of marriage, his wife along with her father in law went to her father place and before leaving to father place she orally told her that she would not come back to stay with him as she was fed up from him. She went to her dad place on 29th Jan, 14 and till date she is not residing with him at his place.

5. They don't have kids. He informed her that if she goes to his grandfather place which is located in his native place for 6 months and do help (seva) of his grandparents as they are old and not well, then he will come to pick her up and take her back to Mumbai.

6. Even after assuring that he will come to pick her up from native place if she helps his grandparents for 6 months, she didn't went to their house as she was guilty of facing his grandparents.

7. Her father acts according to her daughter and as per her wishes.

8. Now the situation is that he wants to have divorce. He is staying in a joint family with his parents and his elder brother.

9. He informed her via whatsapp that he will come in winter season for mutual break up between him and her as she was not happy with him and she was happy at her father place.

10. Now after 4 months she surprisingly calls him and says that i will only come at husband place when the husband will come to native place to pick her up.

11. Now the situation is that he do not want to have her in her life as she used to say every time that her family did not like him from the beginning itself and they were not even ready for marriage with him as he is not suitable for her

12. She every time stated that she would have been happy if she had got married by running away with someone in her native place or as per her wishes.

13. Her father is a henpecked husband and he acts according to his wife.

14. She is messaging in whats app and every time saying that it is he who is asking for divorce, but she is not ready to give divorce to him as she will not give divorce to him and will also not do second marriage.

15. No legal notice, nor letter have been sent from him to his wife to come back

(I have suggested him that if she was a good girl she would have stayed with him in any situations and she would have come back from her father place even after 4 months and he would not have removed her from his flat. This shows that she is not interested in him and that's why she is there with her father place. I have suggested him to apply for divorce in Mumbai so that he can get ex-parte order from the court and he will get divorce as she will not get maintenance as she has on her own went to her father place)

In the above situation what should he do so as to safeguard him as well as his family.

Regards,

Sam

Follow Query

Report Abuse

Devajyoti Barman (Expert) 30 June 2014
Nothing can safeguard a husband if the wife is adamant to file 498A case.
Filing of RCR by husband can be explored.

Rajendra K Goyal (Expert) 30 June 2014
Take help of relatives, common friends,society to reach at an amicable solution and if living jointly is not possible explore for Mutual Consent Divorce.