Wife not coming back nor giving divorce
YASH
(Querist) 11 February 2012
This query is : Resolved
Hello Sir
My wife has been staying with her parents since November 2010 . We got married in June 2005 and had a son in Aug 2006. I statyed seperately for 1 year (2009-10) in a rented house as per her demand to live separtely away from my parents. She left that rented house in Nov 2010 for her brothers wedding and never came back. Even after several efforts by myself family and frnds she denies to come back. She is also not ready to give divorce. Nov should i wait for 2 years to file for Desertion or should i file Petition for divorce now. My wife and her family is mentally harasing me since she does not want to marry again.
Devajyoti Barman
(Expert) 11 February 2012
What is your query?
You have already taken a legal step in the form of divorce suit.
Now wait for its conclusion untill both of you agree for mutual divorce.
Shonee Kapoor
(Expert) 11 February 2012
Dear Yash,
You need to decide first, what you want out of this marriage?
Do you want to stay with her, is it a genuine desire? Or do you want a divorce? What about the kid then in such an event?
The ways things would pan out may differ with the same efforts even.
However, if you are not clear what you want, nothing can be advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kiran Kumar
(Expert) 11 February 2012
you need to talk to your wife in clear terms, if she is not willing to come back then calculate your options.
if you want her back then file a petition for Restitution of Conjugal Rights.
if not then file a Divorce petition with appropriate grounds.
adv. rajeev ( rajoo )
(Expert) 12 February 2012
If you want to file divorce petition on the ground of desertion, you have to wait for 2 years completion.
N.K.Assumi
(Expert) 12 February 2012
This 2 years of waiting period is really a torturing experience.
V R SHROFF
(Expert) 12 February 2012
Yash,
Ask few elderly common relatives to mediate,
Arrange Meetings, talk, what is the problem :
If it do not work, file divorce if you want to remarry.
Is she working?
No children?
Then file Divorce for cruelty and desertion if cannot compromise.
First try to find out root cause of mis-understanding.
Separating you from your family, and then also go away from you, hints her outside affair if she is working.
prabhakar singh
(Expert) 12 February 2012
You first need to talk her about her grieves,the reason behind her refusal to come back to you in presence of relatives of either side and then decide what you want in fact and then do accordingly.
SHE DOES NOT WANT TO COME BACK???IS NOT A COMPLETE QUERY,WHY SHE DOES NOT WANT TO COME IS A QUERY??????
Raj Kumar Makkad
(Expert) 12 February 2012
I endorse the views of all experts who have made common replies.
