Wife left maritial home and not responded for a month
Mohammed Ali
(Querist) 21 August 2012
This query is : Resolved
Dear Sir/Madam
My wife has left me on 10th July due to a dispute and is staying with her family ever since She has not called or sms or even emailed me ever since she had come to my apartment on 17th august and taken all her papers and personal belonging and has not informed me , I have been married for 6 year and its a love marriage she is a Sindhi and i am a Muslim she has converted to islam and we have also registered our marriage post Islamic marriage ritual. i have sent her a legal notice asking to meet me and my lawyer to sort the dispute on 18th august i am not sure if she will come i want to know what else can i do and how can i get this issue under control i am lost with this - She also has filed 2 NC against me and its not true hence no actions where taken by the police i need to know my legal rights and law to tackle this hurdle and any suggestion in this regards will be always helpful
Devajyoti Barman
(Expert) 21 August 2012
File a suit for restitution of conjugal rights, if you want your wife back.
Else go for mutual settlement.
Mohammed Ali
(Querist) 21 August 2012
Thank you For speedy reply DEVAJYOTI but restitution of conjugal rights, in this i will have to pay -Adoptions and Maintenance under Act of 1956 my wife is not communicating with me and is not ready for mutual divorce she has quoted "I want to watch you suffer"
ajay sethi
(Expert) 21 August 2012
if you file RCR she will file 498 A case and also DV against you . try to involve family elders and work for compromise . if wfe dosent want to come back try for divorce by mutual consent
ajay sethi
(Expert) 21 August 2012
if she dosent want divorce by mutual consent then divorce would be a prolonged affair . contact a local lawyer
Guest
(Expert) 21 August 2012
Dear Ali,
To be frank, you took extreme step of legal notice very hastily and impatiently when it was just a matter of one month of non-response from your wife. You expected her to sms or email, while you have not mentioned what had been your efforts to reconcile and patch up with your wife. When you send a legal notice, you could well have expected her arrogant response saying she would watch you suffer.
Anyway, S/Shri Devajyoti Burman and Ajay Sethi have advised you very appropriately. If you have some legal rights, she has more legal rights as compared to you. It is not too late to handle the situation effectively. Reconciliation is required from both sides, not from only one side.
Mohammed Ali
(Querist) 21 August 2012
Mr Dingra thank you
i must really thank all you uys for such speedy lookup and suggestions its a real Nobel cause you guys doing here and i cant thank you enough . @Mr dingra i know that sending her a legal notice is a extreme step and i tried to refrain from doing so i have sent her a legal notice on 18 August where as she has left me on 11 july all means of communications have failed and hence i had to take the step as i have to protect my interest i have also met my wife 3-4 times near her office to which once her office colleague tried to aggressively handle me and other time she Abused me and other time she said i want to watch you burn this is all before i sent the notice and also i have found her mobile calls to a specific number nearing 800 messages and 1100 messages in last 3 month alone. which causes suspicion i have traced the details of the person she has been reaching out to but it really does not matter . i have a house which is in joint name i am first applicant and she is second if she files for divorce she will claim the property as the EMI is going from her account and i know she will not let go of the house.before i sent her the notice i did call her office and asked her forgiveness if i hurt her but she said only one statement - Bhaut BOL raha tha na Dar gaya?
Guest
(Expert) 21 August 2012
Time is a great healer. You could have waited and watched for some more time. Now, no other way except to follow advice of S/Shri Devajyoti Barman and Ajay Sethi.
Mohammed Ali
(Querist) 22 August 2012
what are the next actions if she does not honor the legal notice and what are the counter actions to my notice that can be done
Guest
(Expert) 22 August 2012
Notthing except to make yourself ready to face any time the 498A and domestic violence cases against if filed by your wife, as already pointed out by Shri Sethi.
Mohammed Ali
(Querist) 22 August 2012
How can a 498A be filed if she is not even staying with me nor i meet her call her or she calls me .
Guest
(Expert) 22 August 2012
Probably, you know much better than the experts, who opined about likelihood of 498A case.
I don't know about others, but of course, I would like to learn from you and be obliged to know about the particular section of any Act, which prohibits the wife to file a 498A case, if she is not staying with the husband or not meeting or talking to her husband.
Mohammed Ali
(Querist) 22 August 2012
498A case. was highlighted to me by a 3 star officer who wanted to make me aware that if this is filed than what i need to do .he also suggested to steer clear from her and to prove a false 498 is difficult and a anticipatory bail is always useful so be alert and prepared for the same Pl Mr dingra suggest any alternative to counter this action which i think will come but not sure when. I am not an expert on law but trying to cover my bases here .
ajay sethi
(Expert) 22 August 2012
send email to your wife that yopu wiould like that both of you visit a marriage counsellor . place it on record immediatedly .
Mohammed Ali
(Querist) 22 August 2012
ok i will do that i have sent her a legal notice which is i am sure with her now sendig her this email - PL Ratify
Dear Zaara
I am sorry and really in pain with u not bieng there for me anymore its been more than a month since you have left the house . since 10 June when u left i thought u needed your space and you will be ok after a while but i have not heard from you anything no email messages or calls , Zara lets meet and discuss this out and solve it with help of a counselor who can give us a unbiased advise and show us how to live with our differences zaara is a humble request please talk to me i really miss you so much
Regards
Mohammed ALI
Mohammed Ali
(Querist) 27 August 2012
Mr Ajay Email sent recorded as well but there has been no replies nor the legal notice was replied within stipulated 10 days time frame now what next can be done?
Mohammed Ali
(Querist) 30 August 2012
Dear Sirs
need attention - My wife has replied to the legal notice with 17 paged counter replies along with Statements saying that i have threaten her to that i will thro acid on her face if she does anything against me and she has denied meeting proposal stating the marriage has completely broken down and no negotiations or discussion is agreed and she will take criminal and legal actions as deemed suitable -
ajay sethi
(Expert) 30 August 2012
well your wife dosent want settlement .
send a rejoinder denying the ffalse and baseless allegations that you threatened to throw acid on her face .
you have to play safe . contact a good lawyer immediatedly
V R SHROFF
(Expert) 30 August 2012
ALL MY DEAR::
Do not forget, Ali converted her to Muslim, and only Muslim Law are Applicable,
No 13B Mutual consent Divorce, MCD
No sec 9 Restitution of Conjugal Rights. RCR
No Adoption & Mtn u/s 18-20 of Hindu law 1956,
These are under Hindu Law. [ not applicable to Ali]
Ali is on better footing.
She already filed 2 NC, So her 498A if filed in future will fail.
She cannot claim 125 cr p c for mtn too
Divorce is easy under Muslim rituals.
Only DV is dangerous.
However, Pl Wait and Watch. Do not hurry up, Do not take drastic action. Keep Cool, and if you were really good and loving to her, she will come back to you / return soon. Till then just Relax...
Mohammed Ali
(Querist) 30 August 2012
Thank you Mr Ajay
for the prompt reply i have spoken to my lawyer in the said regards and will meet her tomorrow what allegations have been mentioned in the letter even thou being baseless and cant be proven in the court of law in any matter said by her she has not proactively done any police instigation's on me so my question is -
1)If i don't reply to her letter what happens?
2)If she is not in contact with me she cannot accuse me of anything so is a advantage for me right?
3)i can use the letter she has sent in my favor as i have no police complaints on me from her during our marriage duration of 5 years.
4) She has nothing to prove against me and i don't want her back in my life .
ajay sethi
(Expert) 30 August 2012
if you dont reply to letter adverse infernce can be drawn . all allegations have to be denied
she can file DV case make serious allegations against you .
well if you dont want ehr back in life go by your lawyers advice and ttake divorce
V R SHROFF
(Expert) 30 August 2012
Ali, u can can go to Mulla, give Talaq if decided to be away from her life.
Anyone stop u??
Sudhir Kumar, Advocate
(Expert) 30 August 2012
She had made cler her intention to initiate CV Act and 498a. The moment you give triple talaq, you are gone with the charge.
Be cool issue is delicate.
Pleae see the reasons why she left and how far you aree guilty.
Mohammed Ali
(Querist) 30 August 2012
Mr Shroff some good news from you abt the Muslim law talaq is not a option as i have property in joint name if i give her talaq she takes the property so i have to hang in
@Mr Sudhir Whats a CV Act and whats the best approach here as i see i have a meet up with my lawyer at 3 Pm so pl suggest what do i ask her
Mohammed Ali
(Querist) 03 September 2012
My lawyer has suggested not to reply as she says that it wont be fruitful and wast of money for me so i have not done any actions . My property is in joint name and the EMI goes from my wife's salary she is requested the Home loan company to share the LOAN Agreement copy i don't know what will she do with this pl suggest is there something she is doing which i don't know?
Mohammed Ali
(Querist) 03 September 2012
My lawyer has suggested not to reply as she says that it wont be fruitful and wast of money for me so i have not done any actions . My property is in joint name and the EMI goes from my wife's salary she is requested the Home loan company to share the LOAN Agreement copy i don't know what will she do with this pl suggest is there something she is doing which i don't know?
Sudhir Kumar, Advocate
(Expert) 04 September 2012
DO not close options of reconciliation. 498a law is pro-woman.
Mohammed Ali
(Querist) 04 September 2012
reco is not a option as i see the other party is just standing ground to hurt me
ajay sethi
(Expert) 04 September 2012
always reply to letters . i d not agree with your lawyer that you should not reply to her letter . all allegations made in her letter have to be denied
Mohammed Ali
(Querist) 06 September 2012
wife has filed a DV on me now legeal letter sent to my lawyers
Sudhir Kumar, Advocate
(Expert) 06 September 2012
It was expected. Still do not close options for reconciliation.
Ms.Usha Kapoor
(Expert) 26 June 2018
Agree with Barman and Ajay Sethi.
