Desertion

To prove probability of “desertion” theory as material records for Court proceeding purposes send her a Legal Notice via an Advocate stating plain vanilla love story till date tailored on “will to restitute your conjugal rights” which you say she failed to honor and ask her to return in 15 days post receiving Notice.

If she does not then this is one subjective effort proof of your side for any nature of Family Law suits / complaints she may file in future. Based on which your side can expand rebutals and produce witnesses accordingly if and if any case she files from her side and even if you file any case in future. For legal desertion some probable proof has to be there via paper work and or via witness statements and mere "verbal recall" are not sufficient proof especially in Indian husbands matrimonial case scenarios. 

Is paper work is mandatory for divorce through desertion? If wife walk's out on her own, leaving children and husband, and not returned to her own father's house, won't that quality for divorce through desertion? In my case, common friends, and relatives tried to convince, but couldn't. No paper evidience is available though.

@ NiceManMyself,

I never said “paper work is mandatory”. I hinted [probability] that ” "Wife can say thousand lies and those will be accepted as true. You will say 1000 truths and those will be treated as lies. Great men in India say that it is a male dominated society." By: Dr. Jogeshwar Mahanta

All husband says “wife walked out on her own” hence desrtion. My dear a wife living under same roof with you and sleepign in same bed is also proved in many cases as 'desertion' and for the same "going / leaving out matrimonial home is not necessary element". No husband will admit that he driven his wife out or even care to bring on material records some paper Notice stating he gave ample opportunity to wife not to walk out yet she walked out on her own!!

Now see the probability shifting in ld. Judges mind as to what could have happened and best evidence theory working in favor with least damage at the end of such civil trials.

Moreover once she says it was infact you who deserted her then where your googly will fly in Court J  Now make an attempt to interpret nouns and adjectives re-reading again what I said to main thread poster and jump to your own conclusions and do create some evidences of her desertion be it paper or through witness statement or digital prints as and when such stage cometh.

Common friends / relatives might have called you or her – paper trail is there via mobile records (tower location).
Common friends / relatives might have taken a taxi to go to her place - paper trail is there via taxi bills.
Common friends / relatives might have taken her / her side to a restaurant / coffee shop to make sense – bills of such places are paper trails.
You calling her / her cell phone – FIL / MIL Cellphone to send her back - paper trail is there via mobile call records (tower location).

In same way legal Notice to rejoin is also paper trail. Invent some trail instead of saying 1000 times the truth no Court will hear your truth easily and give you that also divorce on your own instituted suit matter. Also do state in your facts, is it already 2 years since she left !
All the best.

Thank you Mr. Tajobs, I had a doubt. Will sending a notice, now at this stage where-in we have finished all the three rounds of counselling, help? My cousins had visited her and had tried for a  patch-up but were sent back telling we require time. My inlaws had further asked me not to contact her as it will worsen the mafurther. What can I do from my end to prove all this. I have the records of all the messages sent to her asking her to return stored in my mobile. Will these act as corraborative evidence.My counter filing is on the 13th of this month.