• Wife away from 2 years no cases no contact how to proceed

Hi,

I am from Delhi, age 30 now ... No dv,,  no fir ,, no 498a or any case on me yet.

and below is my case in detail.

Married in November 2013, started facing troubles after one month itself. Trouble was that wife was very kiddish in daily activities and behavior was not at all of that of a mature adult.

Daily problems started growing ,, like absolute lack of intelligence,, extra low IQ ,, soon I found out that she severely lacked basic daily life skills ,,even so low that tasks related to buying groceries ,, doing simple calculations etc was impossible for her. We went for a diagnosis in a hospital and was found that her IQ was low and her brain was that of a teenager while she was aged 26. In bed also she was extremely kiddish and did not understand what an intimate relationship between a husband and a wife is, our relationship was so cold and dead ,,there was no bond of any sort at all,, however she was very sweet and polite and we never had any sort of quarell at all. Absolutely zero fights between us,, but there was no relationship from day 1 ,, she did not have the mental capacity to get into the role of wife,,, for her the role of a wife is just making food and asking how I am ,, nothing beyond that,,,, . The hospital diagnose happened in April 2014. There are many incidents that disappointed me and made me take this step,,but I can't recall all of them right now.

After the diagnose things started to heat up. We daily requested her parents to take her back but they refused convincing me that she will get better by time and all.. It was very tough to spend a day with her,, how would I spend my entire life with her ? So in October 2014 (11 months after marriage) she had to go for around 10 days with her family to a holiday, so when she came back and asked me to come to take her back home ,,, I said that I have made up my mind and let's end this marriage.

Then she and her family agreed and immediately within 2 weeks or so asked to sit down for mutual settlement. They started with demands of 2 crore to give us a mental shock and told me that wife is pregnant,, later got her aborted without my consent. Because she is not mentally that mature ,,,and her parents also agree to that and I have recordings of her mom and her of agreeing to that ,, they don't let her talk to me ,, they just come on the phone themselves.

Since end of 2014 till march 2016,, numerous meetings were held for mutual settlement but nothing could be finalized. Meetings were both cold and hot,, calm and abusive, but only orally.. No physical abuse,, however once her lawyer and his entire team tried to intimidate me by becoming aggressive in his office ,,, that's why now I don't do any effort of calling them,, .. I personally feel that their lawyer is very sick and very anti peaceful-settlement. But till now no case has been done on me,, which makes me feel happy but also worried at the same time about what are they planning... , just one false complaint they did in police station on October last week 2014 (the first meeting when they came for settlement) ,, in that complaint she said that I demanded 15 lakhs and beat her. But police never came to me or called me in police station.

I have consulted few free and paid lawyers in the past who have given good tips but have not been able to find that ONE Lawyer who could make me enter this dark tunnel and guide me to the end ,,, all seem so scared in one way or the other for fighting from a guy side ,,, and some seemed fishy as of they were on her side. I am yet to have 100% confidence on one lawyer who could guide me with information,, I can't follow anyone blind folded.

Am sorry to all lawyers reading this as they might find my words foul but am just speaking out of experience, nothing else

Its going to be 2 years now, I want to get done with this by any way and am ready for an amicable settlement but would leave it to you experts to help me in the case... But am not tired ,,, nor have I lost my patience and nor do I feel weak in any way,, I have been cheated with and that is enough as a reason to stand up and fight,, but let's leave emotions aside for now. Looking forward for solution to my problem.

I have seen lawyers here replying very well to people's questions and thus I have started to grow slight confidence on this platform. I will be happy to see a reply which is well detailed and full of knowledge as the game is still because there are no cases on me. I have very large amounts of audio and video recordings proving my innocence on every case that she can put. I know the consequences of filing the divorce first and am not scared to face them given I have a good lawyer with me. Looking forward to build a solid legal relationship here regarding all matters of life ,, property,, business,, taxation,, govt related ,,, etc.. So kindly consider this as a relationship opportunity and not just a question.

Thank you
Asked 1 month ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) you can file for divorce on grounds of mental cruelty and desertion 

2) since your wife has not been staying with you for over 2 years you can  file for divorce on grounds of desertion 

3) refusal to have sex and consummate relationship amounts to mental cruelty

4)in your petition it should be mentioned that wife is mentally retarded and said fact was suppressed from you at time of marriage 


5) if wife files any false 498A , dowry harassment case obtain AB from sessions court 


Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
I would suggest u to go for divorce in one way or other there is gonna be no end to the situation which u r in. Life is to move on.like life didnot stop for anybody y u have stopped ur life for past 2 years.all are enjoying soo u have right too to live as d way u like. What will be the point of settlemnt or what type of cooperation u guys will do. U have problem with her iq she is immature. After u both think to live together do u think she will start suddnly behaving like a mature undertandable person. 

My advise to u is it is in your part only what u need. Either u have to stay with her and let her understand what u desire and want frm her and everything gonna be settled at no time. It will take years.

Other way is move ahead as you are not increasing her iq or making her mature but only mutual corporation will be there and at last u will be in the same situation where you was 2 years back.

Morever  i can further suggest u that u r sanki type man and is better to live seperate frm her.
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
Dear Concerned,

Reference to your query Let’s look at various available options. 

Ideally in such situation there is no point in hanging around with this marriage and spend your whole life with this woman …so if you consider a Divorce

a.	October 2014 till date : As it has been two years she has been staying separately from you – for sake of discussion we take it that she has willfully deserted you for a continuous period of two years. 
b.	Her act of non-cooperation and disagreement / not understanding or giving value to the consummation of marriage itself amount to cruelty and good enough for calling off the marriage 
c.	In addition to the above two here is an issue from a person who is of unsound mind and this definitely seems as you noted this in the beginning of the marriage that you have been cheated and this mental state was not told to you at the time of marriage – which calls for Nullity of marriage.  More so assuming you have all the reports of the medical and IQ testes etc. 

On settlement & separation 

Going by your notes – your wife may not be able to file a complaint of Domestic Violence against you as she has already been staying separately from you from last two years.

In case a false 498A complaint is given that too will not have any stand as she has been staying separately and hence cause of action seems missing (from march 2016 you have not met them with your in laws or your wife hence continue to do so do not meet them) 

AS YOU MENTIONED IN YOUR NOTES – there has been a demand of 2 cr for settlement and also mentioned that your wife was pregnant and has willfully aborted your child (here we assume they were not lying and yes they aborted – ABORTED without your consent ) that’s a crime and hence they can be booked under IPC 312 etc. 
In addition your parents in law SHOULD be booked under Extortion and blackmailing you and forcing you to pay upto 2 cr for settlement and that too when they have married their mentally unstable daughter to you.

Conclusion : you need not to carry this relationship , you can file a divorce case and simultaneously on the basis of the recordings and extracts from the meetings you had till March 2016 and any phone calls later you can file a criminal complaint on these guys for extortion and blackmailing. This criminal complaint might help you in quick settlement and these guys might propose for mutual divorce themselves.  (Majority of the contested Divorce cases end up in Mutual Settled divorce) 

For more details, please feel free to contact for free discussion over phone. 

Best of Luck 
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
1. You were required to file a petition praying for annulment of  your marriage for availing your consent for the said marriage by suppressing the vital fact that she is mentally undeveloped and had the said fact been made known to you before your marriage, you would not given your consent for the said marriage with her.

2.  Such annulment petition shall have to be filed within one year from the date of coming to know about the fact which was suppressed from you.

3. If you can prove that you have got the medical certificate stating that she is mentally undeveloped recently or within last one year ten you can still file the said annulment petition.

4. You have very good chance to win the case if you can file it with in one year of  learning about the suppressed fact and this is the best option for you where your marriage itself will be nullified leave apart your getting worried or shocked about their demand for Rs.2 Crores.

5. After getting your marriage nullified, you can file a case against your father in law  for cheating you by arranging marriage of his mentally undeveloped daughter suppressing the said fact from you and then demanding rs.2 crores illegally with an effort to blackmail you giving threat of lodging false dowry case and case u/s 498A of IPC.

6.  If you can manage to get one such medical certificate of recent date then you can still file the said annulment case which will solve all your problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Since you have evidence of your innocence in the form of audio/video recordings you can initiate the legal process of separation on your own by filing for contested dissolution of marriage on the ground of cruelty which she can contest on receipt of summons from the court. There are no adverse consequences of making the first move.

2. You may be hit back with false criminal cases of dowry harassment, criminal intimidation and attempt to murder by her, in which event you should apply for and obtain anticipatory bail to preempt your arrest.

3. She may also sue you for maintenance if mutual divorce does not materialise, which you can contest on the ground that she left the matrimonial home without any justified reason. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Querist
you may file a divorce case based on cruelty and Desertion under section 13(1)(ia)& (ib) of Hindu Marriage Act-1955 and fight the case on merit with the help of lawyer if you are not able to fight your case yourself. after filing the divorce she may file or her parents may instigate her to file the cases against you for maintenance, domestic violence, dowry demand and return of stridhan but all her cases will be weak because the court may consider her cases as counterblast case and in all the above cases, you have to pay maintenance if she is unable to maintain herself.

after fighting with you till 2-3 years they will go for a mutual reasonable settlement and if you think that this settlement is reasonable then ok otherwise you have option to fight the case and get an acquittal order.

Feel Free to Calll
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
So far, from your contents, you seem not to have taken any legal action on her through court of law.
You have to initiate divorce process to dissolve your marriage on the grounds of mental cruelty citing all these reasons and the events or incidents that took place so far in your life as evidences supporting your plea for divorce.
you have to search for a good lawyer and take his advise on all such further issues.  
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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