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Khem Chand (Others)     04 June 2014

Husband deserted wife...

Hi Experts, i Just came through a below case of a friend & would request experts for their advice..


The couple was married in April 2013, after marriage husband stayed with his wife for around 15 days before he left for mumbai where the guy is working. After he went back to mumbai the guy deserted her by not talking to her, not even responding to her phone calls/sms. He visted here just once in july 2013 where the girl found few messages in his mobile phone in which she found that he is in relationship with a girl. After that he did not visited her and since july 2013 the girl has not been able to talk to her husband because he told her that he dont want to talk to her and live with her and even threatened her that if she tried to visit him he is going to kill her. He has put her phone no. in the blocking list so that she could not call her. Even the boys parents are not happy with such a behaviour of their son and supports their daughter in law. But since now more than an year has passed for the marriage and almost an year has passed where the husband has not even talked to his wife, she is into a delima and depression that she has started taking sleeping pills for sleep.

The priority of the girl is to settle down with her husband for which the husband is not agreeing to, if not what legal actions can she take against him to bound him to accept her as his wife or if not what can legal acttion can she take? Please experts needs your advice.. Thankyou


 5 Replies

Adv. Chandrasekhar (Advocate)     04 June 2014

The problem with the matrimonial issues is that if one spouse decides not to maintain relationship for valid or invalid reasons, the relationship cannot be enforced by force of law.  If he does not want to maintain relationship - she has two options - one to understand the issue and live with it and get the compensation available as per law after adopting the course of law or take retaliatory steps against him for spoiling her life sothat he will be harassed for sometime.  The option will be hers.  First, engage an advocate and find out whether he has in live-in relationship with someone - which is not illegal unless the other woman has already married or he has already married another woman and stayed put in Bombay.  If he married another woman, then you can file bigamy case against him.  Otherwise, she can file RCR, and if she is unemployed then maintenance case and domestic violence case.  But at the end, these measures cannot force him to have matrimonial relationship with her but compensate to some extent her financial needs.

BAALASUBRAMANNYAMM (Advocate)     04 June 2014

Mr. Chandrasekhar has suitably replied. Nothing more to add. Fine.

laxmi kant joshi (instructor)     04 June 2014

Agree with Mr. Chandrasekhar nothing more to add .


In the first place try to hold meetings of the relatives of both parties and find out solution if not then....gather proof audio recording....then file maintenace petn only 


Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.


With regards,

Legal Expert

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