Anand Raj 01 January 2018

Agrrement from wife

Hi all Wife wants to come back now, after i filed divorce on cruelty and dessertion 1. She desserted me 2.5 years back on her own wish and never returned back inspite we tried to call her back, she asked for separate house etc 2. She was continuously abusing me and my family directly or over phone / messages 3.she was constantly thretening me with false dowry harrashment, domestic violence, and other cases on me to harras me 4.she was giving sucide threts at home 5.her family was thretening me in the name of rowdies 6.sending text messages to my relatives and abusing me and my parents 7.abusing me n my family with vulgar words infront of neigbours and throwing mud to my parents house n insulting us with false allegations 8. She and her parents were pressurising me to not to look after my parents And many others... but not filed single complaint But now she wants to come back.. and she is saying she will accept her mistakes and saying she is now realized her mistakes infront of police.. so police is asking me to give her another chance with terms and conditions infront of judge/court so to be frank it was difficult to trust her again.. but if at all i want to give chance what best i can do interms of legal way, whats are the things i should get it done legally to safe gaurd me from her pls let me know i m in serious trouble Thanks

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9 Replies

R.Ramachandran (Advocate) 01 January 2018

Ask your lawyer who handled your divorce case. He will be the best person to suggest as he knows the entire case and background.

Vijay Raj Mahajan (Advocate) 01 January 2018

Bringing her back even for interim period will be taken as condoning all her wrongs including desertion of more than 2 years. If the interim period stay with you fail which definitely will, her argument in the divorce case will be that you condoned all her previous wrongs and cannot plead those for getting relief from the court for dissolution of the marriage by decree of divorce. What I as an advocate per see Police can't see. Yes if she agrees for divorce by mutual consent in case her interim stay fails and will not back out otherwise all her previous wrongs will not be considered as condoned by you and will be entitled for divorce, you may consider this.

Anand Raj 01 January 2018

Hi vijay raj.. During mediation cant we take in writing regarding her cruelties and dessertion she did in past and also , also few conditions she has to accept and sign a legal document in court/ judge, failing which will ensure i get divorce.. is this not possible?????

Anand Raj 01 January 2018

Dr J C Vashista (Advocate) 01 January 2018

Try and save the marriage institution, otherwise, you will have to repent through out your life.

Anand Raj 01 January 2018

Saving is good but.. with wrong person saving marriage will be hell.. so now she wants to come after summons issued to her, if i accept her again i might face same issue.. so if at all i want to take her back to save marriage, what are the legal precautions i should take if this repeats again?

Anand Raj 01 January 2018

Vijay Raj Mahajan (Advocate) 01 January 2018

Let me tell you, your wife will not give any such thing in writing, nor police will insist her to do so, rather they will ask you to take her back unconditionally otherwise the police will register FIR against you for all sort of wrong offences and not let you get bail from court so that you linger in the jail for rest of your life. The Police are the biggest criminals in these cases as they only encourage wives to extract maximum money out of the husbands so that they get bigger share for themselves.

You must hold yourself stiff now and be ready for facing all criminal charges in the court; definitely you will succeed in it.

The deserting spouse living away for more than 2 years is good ground for divorce because even the legislature had presumed that the living with such spouse is not possible, those remarks of saving marriage etc. is not only for men in Indian society, women who desert their husband should realize the same.

What all, the wife and her parents did during these 2 years or more to return back and resume conjugal relationship with husband, she must be waiting for new alliances and method of extracting maximum money from the husband thatswhy she was sitting at her parent's house and enjoying life there. How far she remained faithful to husband and not developed extra marital relationship during this period is another issue of discussion.

In case you want to discuss your case in details with me, go through my profile here and contact me directly.

sanjay kumar (BE/ LLM in Corporate Laws) 01 January 2018

There are two aspects of your problem. One is personal and another one is legal. First explore the personal aspect. Talk to her that why there is a change of heart in her. Has she realised her mistake or because of a plan which did not work. Let there be a meeting of the families too so that a multi faceted consensus is reached. Paralley, consult your lawyer who had dealt with the case about your legal remedies in case you take her back and she gets back to her old form.