Hi,
My Cousin Brother is a divorcee. His first marriage took place on January 2013 and in August 2014, he separated from his first wife via mutual consent divorce. He married to another girl in July 2017 at Tirupati.
She was also a divorcee. Her first marriage took place in January 2007 and in April 2008, she was an expartee and her first husband got the divorce under sections 13(1) (i) (a) and 13(1) (i) (b).
Both of them are working as Software Engineers in Multi-national Companies. Due their job profiles from the day one they are living in different geographical locations. My Cousin is staying at Tirupati, in a company provided accommodation, which is very hygiene and more than adequate for a two member family.
On the other hand, his wife is living in a two bed room rental accommodation at Chennai, as she was employed there. However, her parents are staying at Tirupati in a rented accommodation. My cousin brother used to go to Chennai on every Second weekend (Saturday and Sunday) of the month to stay with his wife, as it was the only weekend off (Saturday and Sunday), he gets as per his company policy. On the contrary, for his wife every Saturday and Sunday is a holiday as per her company policy. However, she never came to Tirupati to stay with my cousin brother. She was even not interested in intercourse with my cousin, citing some gynaecological problems which are still unknown rather not shared either by her or her parents till date.
After the marriage, his wife accompanied him only once to visit his widow mother who is staying at their native place in Vizianagaram District in Andhra Pradesh. Thereafter, she was reluctant to visit her matrimonial home, even after she came to know that her mother-in-law is sick. My Aunt fell sick in October 2017 sometime before Dussheraa. My cousin, who is an only son and more responsible individual of the family was unable to resist himself and visited his mother, against to his wife’s opinion. His wife felt that it was an insult to her and her parents, as they planned big celebrations in her parent’s home, for which my cousin was absent due to my aunt’s illness. This triggered the tussle between them.
Further, whenever he asked for the registration of marriage, his wife and her parents are not ready to go with the formal registration of the marriage and used to postpone it, quoting some or the other reasons. She and her parents are not interested in updating the spouse information in her passport too.
Although, we are south Indians we resided in north India for a good amount of time. Due this reason, we celebrate Diwali / Deepavali with a grandeur. My cousin communicated his wife and said they should visit my aunt during Diwali. My cousin brother, requested his wife to discuss her leave plans with her manager well ahead i.e., almost a month before so there won’t be any last minute surprises. She convinced him that she spoke to her reporting manger and asked to reserve tickets for both of them. My brother reserved the same.
Just a few days before Diwali, he visited Chennai, and found that his wife is suffering with fever. Being a dutiful, caring and responsible husband, he asked her to see a Doctor and he will accompany with her. However, she was disinclined and hence, my cousin convinced her to travel back to Tirupati with him. She resisted to stay with him in company accommodation, so in unavoidable circumstances, my cousin and hence he dropped her at her parent’s home. After delivering his duties at office, in the evening he went to his in-laws house and found that his wife is not ready to speak single word to him.
He thought that her parents will take care of her and on the very next day i.e., just a day before Diwali he started for his native place. However, he was inquiring the details of his wife’s health condition with his Father-in-law. Initially, he told my cousin that it was just a viral fever and the Doctor has prescribed some Investigations. My cousin asked him about the investigation and their reports and his father-in-law has no answer for that. He tricked my cousin giving false information about her health.
After returning from his native place, the next to next day of Diwali, my cousin came to know from his father-in-law, that his wife has already left for Chennai along with her mother, as she recovered. My cousin tried to contact her over phone and his efforts went in vain, as she was not willing to speak to him. He contacted his mother-in-law and she assured that she will make an arrangement to talk with his wife once she is at home, but failed to do so. Since, then every effort made my cousin went in vain. Emails, WhatsApp messages were there. It is evident that she is looking at the messages but not willing to respond. Since November 2017, my cousin and his wife are not in connect with each other.
Our family members approached her parents. Her mother assured that she will convince her, but her father is not ready to continue the relationship. Our family members requested a face-to-face discussion with my cousin as well with his wife and he disapproves it. After two to three rounds of discussions they decided to part away. However, recently, his father-in-law said, they are still undecided. Our family and my cousin has no information about his wife’s whereabouts.
So, now our questions are.
How should we approach legally?
Is there any option to get away with her legally without much risk to my cousin?
You advice may help my cousin to chose a right approach. Please guide us.
