Divorce
Dr.Shivraj Dasari
(Querist) 10 May 2014
This query is : Resolved
My friend got married in the month of November 2013, the marriage was registered in Bangalore. But since the marriage the girl doesnot cooperate with my friend and till now i understand the marriage is not consummated. When my friends mother ( father passed away) contacted the girls parents, they take her to their house for a few days and bring her back with some excuse and leave her with my friend. She has lots of demands which my friend is meeting from time to time. Now she left to her parents in Feb last week 2014 and never returned and she is not answering on phone, and sends my friend sms's saying all kinds of things and does not want to return. Please suggest how should my friend proceed.
Regards.
Dr.Shivraj
ROHIT SHARMA
(Expert) 10 May 2014
Dear Dr. Shivraj,
1. He can consider to send a legal notice through an advocate imploring her to return to live with him.
2. Then if she still does not respond then he can file a petition for Restitution Of Conjugal rights so as to rescue himself from any maintenance claim from her.
3. He should contact an advocate who has his office in his neighborhood and discuss the issue with him.
4. If need be for private consultation then feel free to contact this lawyer.
adv. rajeev ( rajoo )
(Expert) 10 May 2014
Your friend has to sent a legal notice thru., an advocate to his wife instructing her to come and join. If she didn't return then he will have to file a MC for restitution of conjugal rights.
Another thing if she is not ready to come then with the help of the elders your friend has to talk with her and they may both go for consent divorce.
Rajendra K Goyal
(Expert) 10 May 2014
Keep record of demands. Take help of common friends, elders, relatives for amicable solution and if not possible try for Mutual Consent Divorce.
K.K.Ganguly
(Expert) 11 May 2014
1. Try to settle amicably,
2. If that is not possible, try for mutual consent divorce after one year of marrige and seperation,
3. If she does not agree for MCD, file a divorce suit on the ground of cruelty.
T. Kalaiselvan, Advocate
(Expert) 11 May 2014
For any legal action against her, it will be too early except to issue a lawyer's notice asking her to return to the matrimonial home. But please be informed that she may resort to the mischievous acts of lodging false complaint against your friend for cruelty, dowry demands and harassment. Ask him to remain calm for the present after sending her a notice, wait for one year period to be completed after separation,then ask her if she is okay with MCD or file a divorce case on the grounds of cruelty.
