Wife not joining me how to get divorce fast
ChandanLawyersclub
(Querist) 18 July 2010
This query is : Resolved
Dear All,
I and my wife were married, 6 yrs back in May 2004.My wife was going well two years with me, we have tried for a baby after July 2005 to August 2006. But she was unable to conceive. I bought a joint property in both of our names in Chennai now worth 65 lakhs now. I have still bank loan for the same around 25lakhs. I have paid all money. My wife has not paid anything. She joined a job in feb 2006. Her boss helped us to buy the property. My wife has lot of confidence on him, we kepy all cash in his hands, but latter we came to know he has taken 4Lakhs himself. He has washed brain of my wife, my wife started avoiding marital relation with me, and starts living in separate room, threaten me for dowry case, slowly we have huge misunderstanding. I have suspense she has relation with him. Once she came to her parents place in Nainital. I got another offer and changed the job from Chennai to Kolkata in Nov 2007. I left the Chennai without telling to anyone. I told her after 3-4 months. I was showing lot of anger to her thinking she will improve...at that time
Latter I went to take her in May2008, Till now I have gone to take her at least 10-11 times . She has joined the job in Dehradun, every times she says she will come but not coming from last two years.. I have sent a restitution notice from a lawyer also in 2009 Oct. She has not replied
Her parents have also tried best to send her with me but she is not thinking.
She has very negative outlook for family, kids. I have even asked her, I will give her abround 10lakhs after selling Chennai house , if she do not wants to stay with me. But she has to agree for divorcee .She is not deciding from last 2.5 years
I am sending her Rs 5000 per month also. I do not want to spoil her life, but she do not have any emotions for me. We do not have any marital relation from last 4 years now.
I am planning to send her second notice for restitution. For first notice she has not replied. She is not coming back, not willing to divorce me also, even after offering her around 10lakhs she is not deciding. I have tried her to take to marriage councilors to save our marriage, but she is not at all willing to come. I am now 36 years. She is 31. I have lost 6 years of married life. I am very much depressed nothing is moving, my mother is very much upset to see my personal life. Now I moved to Bangalore from Kolkata 5 months back for another job. I earn good salary around one lakhs per month as take home. plus around 2laks bonus per annum. She gets around 8000per month. I have tried my best to save my marriage still trying for the same.
My wife is only one daughter, (single child) on her parents, her father gets pension of 12000per month. Have enough property and money for her. They also wants her daughter to come with me, she is not listening to anyone.
What to do in such case.. How long I can wait..already 2.5 years over.. how to get her back or get rid off from her. How much I have to pay her to settle divorce, how long it will take , she is not willing to give ..pl. advice regards Umesh
Yamalapalli Haribob
(Expert) 18 July 2010
u can file divorce petition ginst ur wife as u are saying that ur wife deserted u two and half years back.however ur wife is entitled to get maintainence from u, if her desrtion is reasonable.
ChandanLawyersclub
(Querist) 18 July 2010
and what will happen to our joint name property, if I file for divorce? Even though I have paid only money, still paying the EMIs of bank loan
Devajyoti Barman
(Expert) 18 July 2010
For RCR you need not send second notice and in this circumstances you can either go for RCR or for divorce depending upon your preference.
ChandanLawyersclub
(Querist) 18 July 2010
thx.Can she book me and my brother, mother under false 498 case, as she threated earlier..
Devajyoti Barman
(Expert) 18 July 2010
Yes surely she can for which you can also get anticipatory bail to avoid arrest.
Gulshan Tanwar
(Expert) 18 July 2010
Go for RCR as this will the tool to show the intention of the wife; and only through this tool you will have two benefits first she will come back to you else you will get divorce on this thing
As in the matter of false cases, court will come to your rescue as you have extracted her true intention through this tool; before going for RCR do just one thing that move an application to the concerned SHO where you are putting that you are getting threat calls regarding false cases..... etc.
Guest
(Expert) 24 July 2010
Your joint owned property will be used for settlement if any comprime between you two happens so to speak.
ChandanLawyersclub
(Querist) 24 July 2010
Thx..If she do not comes even after second RCR notice.She has no intrest in having kids.Do not want to consummate marriage..Refuse to have marital relation with me.. Is she entiteled for half share in property and maintainance?
