Hi, My wife(staying in pune) had left matrimonial home due to petty issues When called her ,she said she is not happy and doesn't want to come back and did not give a valid reason. During this 6 months period there was no calls and she had blocked my number and also her family dint recieve my calls or my family calls But one day her uncle recieved the call and when we told that she has left home due to petty issue Her uncle told he will talk to her and let us know But we dint get a call back from his uncle for two months We called her uncle again after 2 months and asked why is she doing this ,he started abusing us in bad words As she said she was not interested and as she left without any valid reasons I started looking for contested divorce, as my wife had blocked my number and her family was not responding to my calls or my family calls (but due to covid was unable to file a divorce case) But now she has sent a notice via lawyer that she wants to come back and is asking me to come and pick her up with two respectable family and convince her safety Also please be informed that we have not taken any dowry ,no domestic violence ,no abusive words However upon contacting her ,she has blocked my number And her brother tells to contact only her uncle ,and informs me not to call my wife or her mother or other relatives Also as described above ,we have lost trust in her uncle as he uses lot of abusive words Due to which we r not having any safety and if we go to pune we might be again threathened by his uncle And till today we have not even recieved a single call from her family Also we r not sure if my wife/uncle is doing all this to take revenge on my family ,thinking that once we go to pune let us scold him and send him back And also we r scared that she might come back to matrimonial home and create problems to us Please let me know how to proceed on this as she is not taking to me,blocked my number ,also we r not sure what's running in my wife mind Not sure, if she comes back will her behavior be good with my family/parents
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Lawyers are available now to answer your questions.
She has contacted a lawyer and has told you to take her back and ask her for forgiveness but she was the one who left and was incommunicado this whoe time.
Therefore don't call her. File a rcr application before the family court stating that she hasn't returned and is now making false allegations in order to hide her follies.
You may also send her a notice through a lawyer that you have no problem and she should come back.
1. At the moment you are in crossroads, as to do next, whether to go to her place and bring her back to her matrimonial home or to apply for divorce.
2. If you have decided to bring her back to your place, go with your parents or some elderly person and bring her back to your place.
3. In case you have decided to divorce her, then convince her to agree for Mutual Consent Divorce in which all the issues can be resolved amicably between husband and wife. By opting for MCD, you will save time and money.
Since you have received legal notice from her lawyer, it becomes your duty to issue a reply notice denying their allegations.
You don't be bothered about the consequences now itself.
You can mention in the reply notice that since she abandoned the matrimonial home on so and so date, without any valid reason, now it becomes her duty to return to the matrimonial fold.
You can also make a mention that if she continues to be remain away from you and the matrimonial home, she would be considered to have deserted or abandoned the matrimonial home permanently which would be a reason to file a divorce case.
You consult a local advocate and proceed as suggested.
1. First make your mind si future course of action can be advised . If you are clueless both about your wife and you then take a policy of wait and watch.
2. After sometime if you want to work out this marriage then file a suit for restitution of conjugal rights.
3. Otherwise file a suit for dissolution of marriage on the ground of cruelty.
Please initiate divorce petition against her before court of law and serve the notice with copy of petition for dissolution of marriage as per HMA 1955.
File for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
Dear Sir/Madam,
It is suggested that you reply the lawyer's notice strongly that it is she who left the matrimonial home her own and you are always willing and ready that she should come back with all dignity and honour. Thus, she should return and should not create any further issues.
You can file a case for divorce for mental cruelty, Engage a advocate who will Send a legal notice thereafter you can file a divorce petition.
First decide that you want to bring her back or not.
If you want to bring her back file section 9RCR.
If you don't want to bring her back than file 13A HMA
You should take some respectable elders of your family for reconciliation with your wife record the meeting to gather evidence against them they are dragging the issue without any harassment from your side.
No need to worry about it , I can become mediator for you and can speak on your behalf and can reply to your her notice as well.
You can file rcr petition if you want her back or file contested divorce against her
