• Wife left with no communication

We got married in Dec 2013.
Few months ago my wife lost 17 tolas of gold while travelling in a train to her paternal home (90% of the gold was gifted to her by my parents in our wedding). Up on reaching her home, her mother called me up and told that the ornaments were missing. Then i asked my Father-in-law to file a police complaint and he did so (as i was in a different city). 

Then my mother who believes in our family astrologer asked for the whereabouts of the gold and he said that a lady is in possesion of it and it inderectly pointed out at my mother-in-law who was the only lady present there apart from my wife. So when me & my mom went to their home to console them and tell them that its not a problem and we can earn the gold back, my mother expressed the same to their family what our astrologer has said. 

After a few days at our home (me & my wife's) we had an argument and my wife started saying that me & my parents have stolen the gold and thats the reason my mother had indirectly pointed to her mom. Then i told her it is possible that you might have given it to someone willingly while in transit (train/auto), also it was your duty to keep it safe while traveling as you have not told me that you were carrying such amount of jewelry. So an argument broke between us and she left telling me that she would not want to see me again, packing all her items including some valuables at our home. After a couple of days i messaged and told her that we should stop fighting and live happily and start over. And also mailed her in detail pointing out her flaws and asking her to come back. But there was no response from her or her parents. Finaly she spoke to my bro-in-law over phone and told him that she will only consider if my mother comes to her with the gold within 31st dec and if not she will send the papers for divorce. But obviously its not possible to get the same gold back as we have not taken it (and i am sure she knows it). Its been 4 months since she left me and we have not seen each other.

We are now in a huge dilemma of how to respond, should we go to her home and compromise? should we wait and see their reaction? Should we take action from our side? (Filing RCR)? Or should i alone go and compromise with her? (this will be my second time as she left me alone last year without my will for 6 months and choose to work in a different city because i had applied for a US visa and she felt she will be left alone (before the visa got approved).

Please help as its urgent! Your feedback will be very valuable!
Thanks in advance!
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1.Marriage is to be worked out especially at the initial phase by showing greater patience and compromising attitude.

2. Do note either of you will have to be more accommodating to survive the marriage and if you become inflexible then marriage would not work.

3. Talk to her and convince her to wait for sometime till you obtain visa for her.

4. i am sure if you take your wife to USA and stay their together all your acrimony or misunderstanding will ebb out.

5. So best of luck to you and do try to take your wife asap to abroad.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

1) RCR is useless . Even if you get decree you cannot force your wife to stay with you

2) wait for some time . Let your wife take a call whether she wants reconciliation or divorce

3) you can visit family counsellor to resolve your differences

4) if wife files false case of dowry harassment obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

1. She can file cases like one u/s 498A, 406 IPC.

2. She can file case of maintenance under PWDV Act as well.

3. If 498A case is fie you can apply for bail.

4. Quashing is rarely allowed and without knowing the contents of FIR it can not be advised on the issue of quashing.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Dear Sir..

i read your mail..which clearly shows the bad intention ...you must be file the criminal complaint against regarding stolen of gold..the chapter must be open when the ...legal process start up..if the police not taken action against them.....then you will file the writ petition in highcourt...that your wife is missing by your home .....and regarding this matter you are suspect that ...any one ......can file criminal case against me ...

Best Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

1. Before filing RCR issue her lawyer's notice asking to her to resume cohabitation with you. If she does not return then you may file RCR. The benefit of RCR is that it shows the bona fide intentions of the petitioner i.e the petitioner wants to cohabit with his spouse who left the matrimonial home without a sufficient cause.

2. Be prepared to face 498A which may be filed at anytime now. If and when the FIR gets filed then apply for and obtain anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You may ascertain the facts by a thorough introspection of the events in the past.

If she is adamant in her claim and not willing to believe the facts or still insists that the jewels are lying with your mother and imposes a condition to return, then you may ignore her unjustified demands, sit idle for next few months, if you don find any change in her attitude you may serve her a lawyer's notice mentioning about her abandonment of matrimonial home without any valid reason and demand her to return and if she is not interested or willing to continue the married life anymore, she can express her willingness for a mutual consent divorce or else you would initiate legal process suitable to the situation.

This step would certainly provoke her, she may even plan to lodge false criminal cases against yo and your parents.

At that time you can take precautionary measures by obtaining AB etc..

Filing a RCR case will be a waste exercise which may not yield any result even after prolonged trial proceedings, because law cannot force an unwilling spouse to cohabit with the other spouse except passing an order to this effect.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Furthermore, i am not in the USA as my visa is still in process. Also, please advise what kind of allegations/cases they could file on us (cynical thinking) if they do, what are the consequences and how to quash them. Thanks!

She may adopt the normal route of wreaking vengeance against the husband and his close relatives like how the modern generation married women decide to misuse the laws in their favor, i.e.,498a, 406, 3 and 4 of DP act, criminal intimidation or assaults, domestic violence case maintenance under section 125 cr.p.c. and anymore law that is in favor of women.

For the criminal cases you may obtain AB and then decide about filing quash petition based on the merits and facts in your side to get the desired relief.

Dont reveal that you are processing US visa, she may try to hamper this process through the criminal cases agaisnt you.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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