• What to do if wife is not ready to come back?

Dear sir,

we had done court marriage on 20th April, 2016 following with arya samaj mandir formalities. on the same day I took her into my home at my native place. On 13th May, 2016 her mother came to know about our marriage and on 14th May, 2016 her mother took police along with their family members with a false complaint against me then, police took me to police station and found that we're legally married and in relationship of husband and wife. My family and relatives were also not interested to keep my wife in our home. Police took something in written from my wife that she's going with her family and relatives back to their home at her own risk and without giving us the confirmation/notice of coming back to my home. since after that day I was being wrongly committed by her on each and every statement and I found all information about her personal, social, academical life was wrongly communicated to me by herself. even I tried meeting her at their home 2-3 times for which I got refusals with threatening of police complaints and making my life in danger. till now she had stopped talking to me and blocked me on social media for 2-3 times with break of approx. 2 months each. I'm sure she is no more interested in living a matrimonial life with me. Shall I approach district court for mediation support to send a legal notice to her? if yes, then what should be the writing matter in that legal letter else then, what should I do to get rid out of all these things and I can't live with her because she broke my trust, faith and believe so many times. we couldn't see and meet each other since 14th May, 2016. I had requested her many times to meet and talk/discuss these issues and try to make our lives bit good but every time she refused my requests. we had last telephonic conversation on 5th Sep, 2017. after that she has again blocked me/family on social media and blocked me and my family contact no.s or may she has got all of their numbers changed. approx. 1 month back my mom tried talking with her mother on their landline phone but her mother was no more in listening/saying to anything and threatened my mother of as usual police complaints if we do call back or try reaching them on phone/finding them. kindly suggest me to do the needful as required.
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1The cnduct of your wife is certainly weird and can not be allowed to limger anymore.

2.Go to her place and meet her once to decide the relationship for one final time.

3.if that does not happen then file a suvorvere suit. There is possibility that your wife may agree to give you divorce s well in which event you can apply for mutual divorce.

4.You can engage some family elders to talk to them as well.

5. While talking proposal for mutual divorce.

6. If they do not agree then you can file contested divorce suit wherein the court can take reconciliation efforts.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) best option is to file for divorce my mutual consent

2) if wife refuses divorce by mutual consent then file for divorce on grounds of mental cruelty

3) wife refusing to stay with husband amounts to mental cruelty

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Hello,

I understand the apathy that you are going through and while saying this I consider the fact that the behavior of your wife is very weird.

In my opinion you should try and consider opting for divorce by mutual consent by involving elderly members of the family also.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If your wife does not agree for mutual consent then you can file a contested divorce petition on the grounds of mental cruelty as the denial of the wife to stay with you amounts to mental cruelty.

Let me know if I can be of further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you've been abandoned and deserted by her without any sufficient cause, file a petition for restitution of conjugal rights in the Family Court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You could also send a Legal Notice before institution of this case. If good sense prevails, she might start cohabitating with you, just by this notice.

Let me know incase you need any help with the notice.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The attitude of going back to mother's house, remaining Non-responsive for stretched period, using abusive language, remaining hostile for all conciliation efforts, giving threatening calls, wilful abandonment of matrimonial home, etc., constitute grounds for cruelty.

You can file a contested divorce petition on the above grounds besides any other material facts you may rely upon.

You may first issue a legal notice advising her to return to top matrimonial home or if she is not interested then to agree for mutual consent divorce.

Failing to respond to this legal notice, you may proceed with the suggested divorce case.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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