Sudden departure of wife to father's house
souren ghosh
(Querist) 19 May 2013
This query is : Resolved
My wife suddennly departed to her parents place along with all her belongings, ornaments and my daughter on 01/04/2013 following an acute wrangle and hot arguments with me on 31/03/2013. She left my house when i had been to office.I have intimated the case to the local police station. i am trying all efforts to get her back. But she is not interested. in the mean time i have sent her money through money order thrice and that she has accepted.i am at a fix about what she is going to do. she is asking for a mutual divorce and asking for 30 lac whereas i am not interested to do the same. i love my daughter like anything. please help me with your valuable advice.
Arjunsingh Saoji
(Expert) 20 May 2013
Contact local Lawyer and serve notice for restoration of conjugal rights.
Advocate Ravinder
(Expert) 20 May 2013
Nowadays the wifes are misusing the law for their monetary benefits and vengence. Marriage is a sentimental and pious bond, it should not be used commercial transaction and for blackmailing.
My best advise is first of all please check up whether your wife has atleast some sort of love and affection to you. If she has love in you, you meet her personally and ask her not to involve her parents into the dispute and you lead a happy married life. Also try for mediation with well wishers, common friends.
If she has no love in you, as she is ready of mutual consent divorce, take divorce. But Rs.30 lacs is very huge amount. Try to settle for 4 to 5 lacs not more than that (it will depend upon your salary, you have not disclosed your salary). And get a compromise deed/MOU drafted by a experienced lawyer, wherein it should be noted that one time settlement arise, and she has no furhter claims against you. If she still want to harass you, you be adamant and stubborn and get ready to defend her cases, if any, going to be filed. You should not bow your head before your wife, you have self respect. After some period of time they will come to mutual understanding.
As per my expectation she will file 498a, Dowry case, maintenance case etc. After her filing the case, you file divorce case on the ground of cruelty, dessertion. You can also file a petition before the court for custody of your daughter, if you like so.
ajay sethi
(Expert) 20 May 2013
1) is your wife working or a housewife?
2) write to her that you love her a lot and want her to stay with you with your daughter .
3) also mention that during the period you were married you had been a loving husband and a father . request her to rejoin her matrimonal home .
4) dont mention any thing about her Rs 30 lakhs demands or divorce .
5) wait for her reply . let her demand divorce
R.K Nanda
(Expert) 20 May 2013
agree with experts.
Raj Kumar Makkad
(Expert) 20 May 2013
Departure may be sudden but the background is not sudden. Better to reconcile the matter amicably.
souren ghosh
(Querist) 20 May 2013
dear sirs,
the thing went wrong in the below mentioned way. for last seven years i was residing in a rented flat. my wife always wanted me to purchase flat which i could not because i thought i cannot sustain EMI for 15/20 years as i am in sales and with the growth in age the job is becoming tougher and unstable sort of. to survive i was forced to change lot of jobs. i am always under fear that i can not pay the EMI upto completion of tenure. My wife never understood that. secondly she never behaved well with my parents though they are not staying with us. In seven years she had been to my parents place for only three times and for totally for three hours. Further more she had never allowed my only daughter to my parents. i visit my parents on regular basis and they often cry not being able to see their grand daughter. my wife's this kind of cruel and inhuman behaviour has obviously created a desperation in my mind and this may be a reason that i have become stubborn on the issue of purchasing a flat. we had occasional disputes on this issue. now she suddenly left. I tried to mediate through her own uncle but it failed. the uncle also told me that i should purchase a flat to be reunited with my wife if at all any chance is there. at this situation should i try to persuade her to come back by committing her to purchase a flat if she agrees. please advice.
Advocate Ravinder
(Expert) 21 May 2013
The problem is that she is not trusting you. By the above I can understand that she is very greedy and she has no love and affection in you. She is not ready to face the ups and downs of the life. She is not ready to share sorrows and she likes only happiness. she is not ready to take risks in the life. The reason may be that her parents tutoring her.
For the time being she may compromise the matter by purchasing the flat. But what is the guarantee she cannot raise some more desire. Take written declaration from her in front of well wishers and mediators that she will not ask anything in future. Purchase the flat in joint names preferably in your name.
ajay sethi
(Expert) 21 May 2013
1) you can inform her that on account of fluctuating income you are not able to purchase a flat as you wont get loan sanctioned from any bank . even if loan is sanctioned you may not be able to pay EMI
2) suggest that since daughter has grown up she should also start working and both of you can then jointly purchase flat after having some savings in the bank
3)well if you purchase a flat now she may file obtain injunction restraining you from selling the flat . she would have right to stay in said matrimonial home . the fact that your parents are not allowed to meet their only grand daughter on account of your wife shows her true colours
Sudhir Kumar, Advocate
(Expert) 21 May 2013
please introspect see how went wrong and what was your role. Departures are generally not sudden rather have a long background.
souren ghosh
(Querist) 21 May 2013
dear sirs
1)To be reunited with my wife specially for the sake of my daughter if i purchase a flat in joint name with my wife is it that she will also be responsible for Paying EMI if my financial condition does not permit anytime at later stage. To mention in this regard my wife is not working.
2) Secondly if i purchase the flat in my name and later on failed to give EMI after some period of time due to financial distress can i sell the flat to get rid of bank liability. can my wife create legal problem that time to sell the flat.
please advice.
