Desertion by wife
Querist :
Anonymous
(Querist) 07 January 2010
This query is : Resolved
Mine was an arranged marriage (Hindu) with both parties agreeing for the marriage without any demands etc as we are a very broadminded family.Within 5 days of marriage my wife left for her parental home.The marriage was not consummated and I pleaded with her to return.She has reported back to work and stays on her own at the place of work which is few miles from her parental home.Her parents and my parents have both asked her to return but she said that she was not coming back nor giving any reason for desertion.It is 6 months since the desertion.Her people still want to persuade her, but I don't want her to be FORCED to come back.What is the legal recource I have? As she has clearly indicated her disinterest her parents are persuading her.How long can this go on?
kranthi kiran
(Expert) 07 January 2010
If she is interested, then both of you jointly seek the Court to grant divorce by mutual consent. If not, file a petition for restitution of conjugal rights. If she disobeys that, then file a petiton for grant of divorce on the ground of desertion and cruelty.
Khaleel Ahmed
(Expert) 07 January 2010
Find out the reason why she has deserted you?
Do you need her?
If yes, issue legal notice.
Manish Singh
(Expert) 07 January 2010
Firstly it depends upon your religion.
secondly, you want her back or needs to dissolve the marriage.
Rajneesh Madhok
(Expert) 07 January 2010
It will take 2 years to get results. Till that time it will too late, it will take at least 3 years of desertion to reach at a concluding result.
The RCR will be helpful if there is no response then it becomes an exparte, Which can be used as a proven desertion for divorce. Keep in consideration that in RCR you will have to pay interim maintenance if your wife not earning during case proceedings.
The only suggestion I can give that keep on writing Registered A/D letters to your wife with the advice of your lawyer and keep proof with you for another 2 years. After that you can file directly divorce on the grounds of cruelty and desrtion which is simplest way to avoid useless RCR proceedings.
In addition to it you should file complaint in womens police station taht I have been threatened by my wife and her parents of dire consequences and even if they file case against you it will be considered after thought process.
Rajneesh Madhok,
B-xxx/63. Nehru Nagar,
St. No. 2, Railway Road,
Phagwara (Pb)
Raj Kumar Makkad
(Expert) 07 January 2010
You meet her personally and try to know the reasons leading to her desertion. If any mutually agreed solution can be arisen then try for that and on failure seek mutual divorce.
Querist :
Anonymous
(Querist) 08 January 2010
Thanks all for the prompt and kind advice. She is working and stays alone at the place of work which is not daily commutable from her parental home. She is tight lipped about the reason for leaving my home but keeps assuring me that neither me nor my parents are the reason for her going back. Her parents also keep telling us that she has not told what is wrong.When can the RCR proceedings started? If she is not willing I don't want to lead a "forced" married life with her.
