• Separated from 1 year (Wife ran away) now she is not giving divrc

Got married in Dec 2015

Wife ran away from my house (vandalised home), on 2nd Jan 2016 without any information to me or my family (i stay alone in Delhi NCR without parents) however their family knew about it

Reason said by her and her family is - I am verbally rude and emotionally aggressive which my daughter couldnt handle. though i never abused her or anything of that sort

she also keeps on saying one thing is that she will take time to settle with me

She also blamed that i was threatening her to have sex or else will leave her

She accused me of trying to steal her money. which is all false as i earn more than her and also accepted no cash or gifts in marriage

Its been more than an year there has been absolutely no communication of any sort. we have been going through some sort of counselling from last 8 months but its not helping at all. now the girl is like is like I will take time as per my own comfort but will not give divorce

Facts about marriage - 

a.No money or any gifts exchanges was done
b.marriage never got consummated
c. no kind of physical assault took place

Can you please tell me what are the legal options i have? i have been suffering badly like anxiety and depression, got hospitalized as well twice for these things
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1. i am not sure why your wife has been acting in such weird manner.

2. Whatever may be the reasons she is not going to sort out the marriage for sure.

3. In that context meet your wife in person, If she is untraceable them meet her parents and propose to break the marriage amicably.

4. When your wife is not interested at all there is no reason to keep the marriage alive at all.

5. I f she does not agree for mutual divorce then file contested divorce.

6. DO not sit idle as if she is misled and files any criminal case then all of you will be in trouble.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You shall have to decide as to what do you want from your this matrimonial relationship.

2. If you want to terminate it, ask her to agree for a MCD with mutually agreed terms and if she does not agree for mutual consent divorce, file a divorce petition on the ground of cruelty. refusing to have s*x is also considered as a form of cruelty.

3. If you wait for another year, i.e. after two years of her leaving you, you can also file the divorce suit on the ground of cruelty and desertion.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) you can file for divorce on grounds of mental cruelty

2) wife refusing tj stay with husband amounts to mental cruelty

3) if wife files any false case of dowry harassment file writ petition in HC and seek stay against arrest

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Concerned,

If we go buy your notes this is a perfect situation for filing a case of Restitution under Hindu Marriage Act 9 - to call your wife back tho you through court.

In case she appears in the court and says she dont want to come - it will give you reason for filing a Divorce petition.

Also this HM9 will initially safeguard you from paying maintenance to your wife and also will safe guard you from any false domestic violence , doowry demand extra cases filed against you.

For further discussion you may feel free to call for free consulting on your subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

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