• Can I go alone to speak to my wife as I have applied for divorce

I got married in 2011 i tried all the ways in this world to live with my wife but she did not respond. i have filed divorce in dec 2014. Now they have also filed their counter. my wife wants money to close  the case. My wife is not fully willing if my advocate accompanies me as she feels he is the person responsible for her state even though she has to be blamed as she was given 2.5 yrs to live, she changes her mind very frequently.

i love her so much but she does not respond thats why i filed divorce after trying for 2.5yrs

1.my question is can i go alone to speak to her ,if yes what precautions i should take if their is any? or can i take comm on friends?
2.can i speak over phone?
3.i am taking mediclaim yearly every year for her also but she is not aware of it can i continue ?
Asked 3 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) there is no harm in meeting your wife if she is willing to meet you . However it is better you meet in court where your case in pending on the next date of hearing 

2) you can speak to her on the phone but record the call in case she makes false allegations that you threatened her 

3) you can continue your wife medi claim  policy . Send policy to her by courier 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

Dear Querist
My opinion on your queries are as under:

1.my question is can i go alone to speak to her ,if yes what precautions i should take if their is any? or can i take comm on friends?
Opinion: No need to speak with her alone or with friends, try to approach the court for refer the matter before counselor of family court and where in front of counselor or with the permission of the counselor talk to her alone 

2.can i speak over phone?
Opinion: No need

3.i am taking mediclaim yearly every year for her also but she is not aware of it can i continue ?
Opinion: Being your wife you should continue the mediclaim, it may be possible she change her mind and you marriage may save.
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
225 Consultations

4.9 on 5.0

 1) You can certainly go and meet and discuss
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

Until court grants divorce you do not need anybody's permission to go and meet or talk with your wife. She continues to be your wife till such time.
In order to meet her, you can go to her place or invite her over to your place or better still meet at a common friend or relative house, but have some privacy where ever you decide to meet.
It is better to speak fact to fact rather than on phone in such situations, you are meeting your wife not closing a business deal.
what is the point of taking mediclaim policy for your wife who will be your wife only till the court grants a divorce, stop it at once. It does not benefit you or her.
Kiran N. Murthy
Advocate, Bangalore
1010 Answers
91 Consultations

5.0 on 5.0

If you are in talking terms with your wife, there is no harm in you talking to her which may reconcile the difference of opinions between you both.As far as precautions is concerned, you should not get sentimentally broken due to which you may experience emotional outbursts.  Such outbursts may cause you danger which may trigger fresh criminal complaints against you, so be alert on what you do and talk and have a self control over all such feelings and to venture beyond what is required to be spoken.

If she reciprocates, you can talk to her over phone but remember she may be recording your call, so better be in your limits while conversing with her over phone.

Taking mediclaim for her also is your choice, she has neither compelled you nor she has availed any benefit out if it.  In fact it is you who will be availing tax benefits out of it, so better decide wisely about it to avoid confrontation in this regard.
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

1. Yes, you can speak to her but do so in public place like in restaurant.
2. Yes but record the conversations.
3. It is upto you.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1. Unless there is a restraint order issued by a court you are at liberty to meet or communicate with your wife. 

2. The only precaution you should take is to ensure that your desired meeting with her does not give her an opportunity to file criminal charges for assault, etc against you. 

3. You are free to continue the mediclaim for her. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. You are not aware as to what she has in her mind. So, it will not be prudent to go to her alone. You can fix meeting place at a neutral joint. You may go with your friend who is acceptable to her,

2. Yes, you can speak to her over phone but speak from public call center,

3. It is up to you. You can continue or discontinue as per your wish.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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