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rahul (sr engr)     11 January 2013

6months desertion by wife how to proceed?


I want to discuss the situation of myself with you. If possible please provide your suggestion.
 We were married on 12th may, 2012,at kolkata. . After 10 days of marriage we came to bangalore with my parents and wife .
After coming here, i found herself mostly busy with ,my laptop and  mobile all the time. Her attitude and behavior also became very aggressive and dominating. she was  mostly busy with mobile and laptop.
my father was admitted to hospital for operation around 3 weeks.
after one month i found she was attached with her lover ( from delhi) through chat and phone. When i told that, she wanted to go home soon.
since then six months over she has not shown any interest to come. i have called her father 2/3 time and recorded voice.
they did not reveal anything about her daughter and also did not show any interest to come bak.
i came to know she is working in delhi . but i need proofs to show in court. i knew the office name.
I consulted a lawyer and we are preparing to file case in court in kolkata. 
Help me to proceed in this situation. Can anyone help regarding the proof of her job?


 9 Replies

Rahul Kapoor (Legal Enthusiast)     11 January 2013


if she is getting a good salary then she must be filing ITR.

file an RTI in income tax deapartment with attached CIC order.





sharma (ADVOCATE)     11 January 2013


Two years desertion is required as a ground of divorce.  If u file divorce petition, she may opt to file dvc or 498a.  try with mediators which can settle ur issues.

ABHISHEK KUMAR VATSA (Freelancer)     12 January 2013

hi rahul,

See if u have to show before court about her job then you can file an RTI to income tax office regarding this.Now as she left you for just six month divorce can't be filed against it theres a chance that she can file a fake dv and 498 case against you . i will personnaly suggest you to go through mediation process or get divorce by MCD.If not then there are other way out it all depends upon what you need.



rahul (sr engr)     12 January 2013




I have the proof of her skype video chat logs where she found to do intimate chat with her lover

 she continued aggressive attitude with us for days after days.

When we wanted to take our for outing( 30th june, after my parents operation was over), she used to try to cancel  outting with some excuse (29th and 30th june chat log proof) to impress her lover.


I have taken her for long drive ,movies etc still she did not change.


i have got her lover's mobile no and office no through skype .


Many times She was not interested to close with me when she was in banaglore.


When i told her why she used to do those chat,( on 30th june, 12 )  she cleary told she was mentally attached and she wanted to go home soon.

She was adament to go alone, but my parents( who just had operation) took her to her home on 4th july.


I have recorded her fathers voice ( JULY, AUGUST, SEPTEMBER) which will prove that i have  told her father many times to let her come if she is interested in me.


They have neither revealed anything nor they have shown interest to come bak


Is these proves are not enuf to prove cruelty or what else i could do ? I have understood that they are simply wasting time.


and probably trying to harass me to get some money. 


Their points are i have tortured her by saying to do job, i have asked her money, food was not given.



My points : 


No money or any transaction was done during marriage.


 she was already doing job for 1.5 yr before marriage . she was  interested to do job before marriage. she had given interview in bangalore

but she did not join( probably to impress her lover)..

Her father also told me that she will do job after marriage. ( voice record proof is there)


But i came to know she is now doing job.



Since my father and mother had operation so mostly they were busy in hospitals and i used to go to office daily.

We also have maid to do home work.. 


So,how can she prove those allegation  or any case like 498 or dvc? 


Is 6 months desertion and those cruelties are not sufficient enuf ?



I and my parents tried for couple of months, but after being insulted by them, i am not taking attempt and we dont want to be insulted.

Some dirty politics they are playing  and we simply want to ignore those.


Let me know if there is any way to proceed other than filing case.








1. How she can prove such allegation depends upon her strategy and upon her representation of the fact put forth by her lawyer before the court.


2. Whether your said facts constitute mental cruelty or not depends upon the court solely. The only thing you have to do to present your side.Wait for 2 years or atleast 1 year for filing the decree of divorce.


It's to be noted that RTI cannot be used for the purpose of obtaining the required information of her income(Why?Read my previous posts related to RTI.


Last but not the least, you get yourself prepared for collecting evidences should you have anticipation of 498A comings.





if possible hire a detective and observe her present activity....let the time fly, u dont show anything but collect all evidence...try to meet with her lover....and tell him all


make call to her and FIL or MIL and record all.....

then file divorce.

ashoksrivastava (scientist)     20 January 2013

Rahul immediately file rcr at matrimonial place or place of last stay together whichever is most convenient for you and most inconvenient for her. never make a mistake of yourself visiting wife's parental place or where ever she is putting up right now.neither any of your relatives should visit any of her relatives place. if required send a friend or anyone who is not your relative. never make any telephone call to them or receive any from them. send sms or regd. letters to call her back. be very careful in words you choose. keep proofs of where abouts of yourself and  your family members like atm receipts etc. these measures will go a long way in refusing them jurisdiction for filing 498a case. remember it can be filed anytime within 3 years of alleged cruelty to extract dowry or otherwise.start studying hma dv act  ipc 498a 406, 323 ,relevant sections of crpc cpc and related judgements of apex court and high court of her parental place. TODAY NO MARRIED MAN IS SAFE ENOUGH TO AFFORD TO BE IGNORANT ABOUT THISGYAN. collect information about  some very competent lawyer at your and her place. you may perhaps need them sooner than later.clear understanding of  these issues does help in  reducing the damages from this legal terrorism. all the best.

ABHISHEK KUMAR VATSA (Freelancer)     20 January 2013

Rahul you have genuine grounds. But for your safety first collect all info and evidence because i don't think you want more trouble in form 498a .First get solid proof about your allegations then only file the case.




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