Hari (Confidential Assistant) 10 October 2011

Desertion by wife

This is in reference to my wife's sudden disappearance from my home about a one and a half year ago. Missing case was registered in the Police Station. Till date things have stood-still with no development from either the Police or my in-laws. I am alone with my retired father and very young sister and brother who are still studying. Due to unfortunate circumstances that life has put me into I am not able to fulfill my social obligations towards my family. Inspite of tremendous and justified pressure for marriage from my family members, I cannot make up my mind for the same due to some possible severity of the consequences which may result by the same. The parents of my wife are advising me to marry another woman. We are ready to give you in writing. You dont spoil your life for the heartless women i.e., our daughter / sister. As I am a Govt. Servant and is there any insightful guidance as to possible course of options legally open to me whereby I can fulfill my social and filial obligations in the circumstances I am in and preseve my sanity. I want to marry now. Please help.

My marriage has not been registered except with some photographs of our marriage. Its just a live in relationship and her whereabouts are not known till date even after of 1 1/2 year of missing from my home.

Unfortunately, my missing wife called me on my mobile and telling me that she wont leave me i.e., she dont want to go for Divorce. Telling that she is staying with her friend and asking me not to go to Police as her parents are Hospitalised. Her parents and brothers know very well about her whereabouts, in fact, she is narrating all the incidences took place after her absconding from my life. She is telling that a Superior Police Officer is their relative and he is handling the case and she is abusing me and my family members even after calling me about a period of two years of absconding. Please advise me what to do.

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 October 2011

Dear hari

as per your query you can file a complaint in police or before a magistrate against your wife under section 494 of IPC

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

if she married her friend

if she not married then file a complaint before the magistrate under section 497 of IPC

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

STATE AMENDMENT

Andhra Pradesh

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

and also asked the police officer where you registered the FIR regarding her absconding.

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

State Amendment

Andhra Pradesh

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 October 2011

dear hari

You can also file a petition for divorce in this regard

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