Wife dumps husband and living with parents forever
Querist :
Anonymous
(Querist) 31 July 2010
This query is : Resolved
On failure to extract additional dowry, husband subjected wife to all kinds of violence after Hindu wedding and also harassed her parents who were not yielding to his illegal pressure till he got dumped by wife 7-months after wedding.
His vindictive attitude made him blind to such an extent that he deprived her of proper medical and health care and even
locked her and deprived her of food.After few months she was diagnosed and required emergency abortion. This was the result of cruelties inflicted upon her. Wife could not tolerate and expressed her desire to leave marital home.Husband became wild and punched her and dragged her by
hair and pushed her out of house. He even threatened her of divorce and warned not to come back or send parents, else to
face dire consequences.
She came back to parents' home and got her legal abortion done.Husband, instead of meeting her for reconciliation,filed false criminal complaint that she left his
house after stealing her own valuables.
She received an ordinary letter from police after 3-months to report and say
her side. She even received legal notices as ordinary letters from husband with charge of leaving her marital home with
valuables and charged her of cruelty of deserting and doing her abortion without husband's consent.
The reality was she came only with her purse, leaving behind her all valuables
Stridhan and household gifts.Even husband snatched the ornaments she was wearing including her Mangalsutra.
His aforesaid legal terror was shocking to wife and parents and so decided to dump such inhuman and cruel creature forever.
Eight years have passed without any contact or communication between the two sides.After about 1-year postman did came 2-3 times with regd. notices in her marital name.Wife did not have identity with such name so postman did not deliver, instead every time handed to her intimation slip, mentioning 'NOT FOUND'. Even once bailiff came and did
not deliver court letter on the same ground,but he did not give her any intimation slip.All these acts were only making her more painful.So she did not react as usual.
Eight years have passed without any contact or communication between the two sides. Now wife wants to
become legally free from the clutches of husband and wants to clean up the criminal charges leveled against her by husband eight years back. She does not want to claim any maintenance nor claim the valuables she left, but wants to pull
husband to court to prove the criminal charges which he leveled against her. She is also not interested to charge him
with domestic violence but would require to mention the same in defense of her desertion as charged by husband.She
even not bothered if husband comes to court as she is ready to take ex-parte divorce. Finally, she would not bother
whether husband is alive.
Please advise.
Devajyoti Barman
(Expert) 31 July 2010
The only good remedy in that respect is to go for mutual divorce unless the husband has one already in the mean time as the summons of the suit may be for divorce.
Chanchal Nag Chowdhury
(Expert) 01 August 2010
She cannot have the cake & eat it too.
All said & done,I think the remedy suggested by Mr. Barman is the ultimate option which the wife will have to exercise irrespective of other proceedings.
