Wife not staying with me since last 10 months
YASH
(Querist) 04 September 2011
This query is : Resolved
Sir
I got married in June 2005 and we had a son from this arranged marriage in August 2006. We were staying jointly with my Parents till January 2010. Due to frequent conflict between my wife and my mother i decided to stay seperately and took a rented house in February 2010. In the rented house we both also had frequent verbal quarrels of normal nature .Our sexual relation was very rare all the time. We stayed there for 9 months and she left that house for his brothers wedding in August 2010 and did not come back since than. We tried all our ways to call her back but they did not respond. When i called my wife last she told she will not come back as we were not getting along good together. In July 2011 we sent a legal notice asking her to come back in 15 days , but in reply they gave all wrong allegations like dowry , harrasement etc. After talking through the mediator who had arranged our marriage said that are not willing to give divorce nor they will send back my wife and son. They want to mentally harras us. My wife is not interested in getting married again nor she want to come back.
In above scenario what should i do . I am mentally upset by all this and want to start new life. Can i file petition for mental cruelty now or should i wait for 2 years and file for desertion. Which is the best way for me . Please help Sir.
SAANJAAY GUPTAA
(Expert) 05 September 2011
You file divorce petition before the district court stating the facts.
Kiran Kumar
(Expert) 05 September 2011
well, your problem can take various directions....your wife may at anytime file a complaint against you and your family under various laws to put you in trouble.
if you really wish her back then better file a petition under S.9 of HMA for restitution of conjugal rights.
it will provide you good ground to sake your parents and yourself.
but if you are not interested in getting her back then go for divorce, but keep in mind that you will have to prove cruelty with some good evidence.
ajay sethi
(Expert) 05 September 2011
yes as suggested by experts your best remedy is apply for restiution of conjugal rights
YASH
(Querist) 05 September 2011
Sir , Thankyou for your message. If i file RCR can she put terrms and come back such as to Stay sepeeately in new house , or i think she may ask me to stay at her parents city which is Baroda and i am in Mumbai. IS filing RCR better or go for petition for divorce on metal cruelty. I have phone recording where my wife said she will not come back, can this help ? Also inform do i need to complete any time to file for divorce such as 1 or 2 years. Can i safegauard myself and family against dowry/harrasement case since they are all false allegation and that too they said it after 10 months when we sent a legal notice. I have heard now police makes necessary investigation and report before arresting on 498 cases. Is it true ? What are good evidence to prooce mental cruelty Please advise on above so that i can take the correct path for seperation
girish shringi
(Expert) 05 September 2011
Mr.Yash,
Don't make complication for yourself,since the problem has widened,go for DV.Don't wait.
Whatever are your imagination regarding your spouse that may be correct,if she will visit any Lawyer,he will advice the same as you are thinking.
Further more You are in Maharashtra she is in Gujarat,then you have to manage police of two states,better one saying in Gujarat is very popular
PAHELO GHA A VIR NO.
Samajh gaye!
V R SHROFF
(Expert) 25 February 2012
No fight
Try to settle. look at your 6 yrs son.
