Sandeep (Software Engineer) 29 November 2014

Marital troubles

Hi,

I got married in Jan 2012. We both faced small adjustment issues and quarrel between us.Now my wife was living at her parent's house since March 2014 and is not agreeing to come back. Initially their parents told me to have a cooling period before she comes back. Since marriage I had found that she is highly career oriented and wishes to work abroad. Now recently I was told that the she had traveled to London for her professional assignment for 6-8 months. I think it could be much larger than that time period.
From the whole scenario, My take is that even now the girl is not listening even to her parents for coming back to me. Her Parents always asks for time but that is equally elongated each time we tried to contact them. Now we had asked for mutual divorce, for which they are not agreeing. They understand that the problem is more at their daughter side and they do not want me to get away through divorce. I even do not have the contact number of wife to try to convince her for mutual divorce. I do not think waiting for another 6-8 months would serve any purpose for me. Do we have any provision in India law by which we can bring her back to have mutual divorce? Even I am ready to fight to get divorce in court but how can I get her back to India. What should I do?"

Thanks

Reply Follow

6 Replies

Adv. Chandrasekhar (Advocate) 29 November 2014

1. If she is career oriented, you can support her instead of taking divorce. Behind every successful man, there is a woman and similarly behind every successful woman there is a man.

2. If the above point is not your liking, then:

(a) It is she, who has to consent for MCD or divorce but not her parents. Hence, their consent or their opinion is immaterial.

(b) Your own admission is that she is in these days is not heeding the advice of her own parents.

(c) So, send a legal notice through an advocate on the grounds of cruelty, denial of physical relationship and cohabitation and withdrawal from your life without having any reasonable ground and put a proposal for MCD and in her failure to accept the same, go for appropriate suitable legal course (do not say you file divorce case). You can send this notice on her name to the address of her parents, as this is the last address you know about her. If you know her office address you can send it on that address also in addition.

(e) make sincere efforts to trace her out within 15 days and talk to her about MCD. If you can contact her, on the basis of the facts narrated by you, I strongly believe, she will concur for MCD.

(f) If you fail in point "e" above, then after waiting one month from the date of notice file contested divorce mentioning her parents' address as her address. If she will not come cout, the proceedings go for ex-parte and you have better chances to get divorce decree.

Sandeep (Software Engineer) 29 November 2014

Thanks Chandrasekhar for your advise.

I doubt if I send any legal notice to them as you mentioned, then they might be filing fake case like 498a, Domestic Violence etc. against me/my family. Does her Parent can file any such case on her behalf (by any ways) till she is out of country

Sandeep (Software Engineer) 29 November 2014

Thanks Chandrasekhar for your advise.

Manpreet (Manager) 29 November 2014

@ Sandeep

Your problem is almost similar to mine.

Believe me this career oriented story is a time buying technique. I think the girl donot want to continue this marriage and her parents donot want to break the marriage .The girl parents thinks that she may come to the track after sometime.

Please ask your married friends about small qaurrels,its part of life.it happens in married life.why they are not informing you about her location?

Ask your elders to discuss the issue with some common person (beleiving that your marriage was not marriage portal...).

In the meantime

1. Try to find out her details,

2. Find out why she is doing like this.reason...

From your query you are also fearing 498a

1. If they have threatended you for 498a,immdiatly lodge a informatory in local police station

I have PM my no,contact me we can discuss in detail.

T. Kalaiselvan, Advocate (Advocate) 03 December 2014

@Sandeep: from your query it can be noted that you are more interested to bring her back to India than to proceed with the legal action for divorce or other wise as intended by you.

Firstly, if you feel that you cannot continue with the matrimonial life anymore with her due to her persisting indifferent attitude, you may choose to initiate legal action to dissolve the marriage between you and her instead of grumbling over the developments in this regard from all the quarters, including her parents' attitude. As suggested by learned advocate Mr. Chandrasekar, you may first send a legal notice to her on both the addresses, namely, to her home address and office address, let she react in any manner, be prepared to face all the outcomes (consequences) due to the notice sent. her parents cannot lodge a complaint on her behalf nor she will be able to pursue any false legal actions against you amidst her tight schedules. Even otherwise, it should not be your concern because you have prepared yourself to face any eventuality. Decide now and consult a lawyer for further issues and proceed with the decision taken.

Sandeep (Software Engineer) 07 December 2014

Hi Kalaiselvan,

Thanks!!! I fully agree with you. but by just sending her a legal notice to her home address and office address can actually force her to come back? Can you guide me under what under section of legal notice can actually pushes her to at least respond back.

My fear if she will not respond and never come back instead my legal fight and her parent will again ask for time for her to come back.

Thanks,

Sandeep