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Guru (Sales Manager)     16 November 2014

How the desertion period can count? does 3 days period will

Hello Experts,

I got married in Feb 2013

Wife left home after 1 month of marriage.

After many requests she came back in May 2013 for 3 days and again gone back without any reason

She files fake NC in May 2013. After that we did family meeting where she allege me lot but, truth come out.

She didn’t want to join me and asked for divorce. Elders tried to make her understand and advise her to rethink on her decision but she wouldn’t understand. So, we agreed for divorce. And here now her game starts.

She threatened me for money and alimony otherwise file fake cases on me. In July 2013, 1 day she came with her married male friend on the road side and demanded for 10L Rupees. I made voice recording of this thing.

After that nothing can happen from her side; I sent her 1 notice in August 2013 to join me. After that she and her mother came for meeting. In this meeting they were also demanding money and all. We decline to fulfil their requirement.

In September 2013 she again went to Police station with 1 complaint letter of her belongings which are lying at my home, only some cloths and some artificial jewellery which are not much expensive but she wants to create the scene. I returned her all those things in Police Presence. Police has taken 1 individual hand written statement of both of us on blank paper that we exchange belongings. Actually that day she was tried to make cases on me but she didn’t succeed.  Here I want to mention 1 thing Mangal Sutra and some another Gold jewellery are still with me which we gave her at the time of marriage. Kismat ka khel to dekho, she broke the Mangal Sutra and the same I took from her for repair and after that her all drama had started.  And yes Police has taken my written statement that I need to return Mangal Sutra and Gold jewellery to her.  But yes this is still with me. I am ready to give her if she agreed for Mutual Divorce. She also demanded my engagement ring and 1 Gold pendant which she gave me during the engagement and marriage.

After that she starts threatening to me and my relatives for few days but still nothing can happened!!

Now almost 21 months are over of marriage Yet no case on me, she change her address. No buddy knows where she stay including her relatives, she also make jail her father for some reason.

I called her and make her understand that you take some money which I afford and take all Gold jewellery of mine and close the matter. But she demands give me 1st all things and then I signed.

My hesitation is

How I trust her if she didn’t come back 2nd time after six month cooling period of court in mutual divorce?

Does she claim on engagement ring and other Jewellery which they gave me? Is this stuff of her as per the law?

How I deal with this kind of girl?

How the desertion period can count? Does 3 days period will be count if she came back in between 2 years?

Is it possible to file case on her criminal breach of trust or any other case? I have many voice recordings where she abuses me.

How I get rid of this kind of girl from my life? I don’t have her address, only her mobile phone is working.

Thanks in advance and much appreciated of your advice



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 November 2014

Dear, If she doesn't come then only god can help, better give her whatever was received from them, 3 days period will be in her favour, better file a divorce petition on the ground of cruelty and tell th hobble court that she has deliberately shifted to somewhere, where nobody could reach her and she always threat me that I will not leave you and make your life a living hell....take her address details with the help of phone number ..... Kapip chandna adv, 9899011450

Guru (Sales Manager)     17 November 2014

Dear Kapil Chandna,


As I mention I am ready to give her all and some money also for full and final settlement. But, she is not giving proper response and saying I need everything in my hand 1st then I signed and come to court.

My query is if i give her all the things 1st and go for mutual divorce and if she will not come 2nd time to court after six months then what happen!!

2nd query, Does the 3 days period will be countable in 2 years separation? She deserted me in March 2013 and returned back for 3 days in May 2013 and again deserted so, my separation from March 2013 or from May 2013?

Is it possible to file case on her criminal breach of trust or any other case? I have many voice recordings where she abuses me.

What is the possibility to get ex prate divorce?


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