Tanny050 (NA) 22 June 2013

Sending lawyer notice to wife, help and guidance required.

Dear Experts,

I have posted some days ago on the cruelty i have faced from my wife and in-laws. My marriage is not consummated till today and now she has abandoned me and staying at her parents house since last 3.5 months.

We have sent senior people from our family to convince her and to move to my house which she has refused. Last week, she denied to have any relationship with me and wants to come out of the marriage.

The ploy here from them is to wait for us to file the divorce as she wants to make money and file a false DV , 498 a case. they have already warned the same to us. I require some guidance here. I dont want my family to get into trouble for mistakes that they have not done.

1. Can we send a notice from a lawyer's side asking her to explain the reason why she is not coming?

2. If not , can we send some senior members of my family to ask them to file for MCD as she is not interested in marriage?. from their family side no one is ready to come .

If we do the action 1, my family is bound to get into trouble of DV and 498A cases . Any other way to get rid of the devil's headache is highly appreciated.

Thanks in advance.

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8 Replies

Rajeev Kumar (Lawyer/Advocate) 22 June 2013

What is the use of sending legal notice to her if provision of RCR is here. Where as the question of non conssumation of marriage lies then file the petition of nullification of marriage. Let us decide what you want either to save your marriage or nullification and thereafter proceed.

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Tanny050 (NA) 22 June 2013

Mr.Rajeev,

thanks for the reply. I had put the query just because the lawyer we consulted to do so.

Saving of the marriage is not possible as i have tried everything from my end and it failed. she is happy now with her parents ,her sister and BIL. So even if earth starts to spin anticlockiwise, marriage will not be saved.

I have to go ahead with nullification. As the marriage happened on November 2011, Nullification is still possile or we need to send RCR itself.

Kindly help me out here . Thanks in advance.

Rajeev Kumar (Lawyer/Advocate) 22 June 2013

Yes, if you are Hindu then you can file a petition of nullification on the ground provided u/s 12(1) a of HMA

Ranee....... (NA) 23 June 2013

Before taking any legal action you should try for a amicable settlement sending some seniors as you told.She may file various case based on different allegations which ultimately she has to prove in Court.From your side you need to gather some evidences to proof yourself innocent.

Sudhir Kumar, Advocate (Advocate) 23 June 2013

where is your earlier query.

Tanny050 (NA) 24 June 2013

Dear Sudhir Sir,

Here is the post :

https://www.lawyersclubindia.com/forum/The-saga-of-harassing-wife-and-her-parents-82803.asp#.UchiYfVX1c4

Advocate/CS Sanjeev Kataria ( Advocate) 27 June 2013

There is no use of sending legal notice, file a suit for restitution of conjugal rights, if you still hope that she can join you or file the case for divorce under Hindu Marriage act.

Gaurav (consultant) 27 June 2013

Originally posted by : Ranee.......
	Before taking any legal action you should try for a amicable settlement sending some seniors as you told.She may file various case based on different allegations which ultimately she has to prove in Court.From your side you need to gather some evidences to proof yourself innocent.

Ranee......

these greedy B*tches do not understand the meaning of amicable settlement as they think that they can get away easily of all their wrong-doings due to biased laws.