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Rajiv Seth (Manger)     13 July 2014

Near to divorce


Hi All,


My wife left my home 1 year back. we had love marriage. Now she don’t wanted to come back. Even I am also not interested as she did lot of bad to me.

She took 1 year old son along and all jewelry which she got from both sides.


I didn’t  filed any compliant just for the sake for kid. She is also siting quite. I always wanted to settle things. But she abuses me and my family all the time.  Which is not acceptable and I don’t trust her after all this.  


I have one flat on my name which we bought before marriage. When I was not earning. The money was gifted to my mother by her sister. And my mother transferred that money to me.  We have that payment links also.


We never thought of such horrible situation. Please guide me how can I save my flat. This flat was bought 12 year before marriage. And is there any possible action I can take after securing my flat?


Thanks in advance.





 42 Replies

rising up again (FFF)     13 July 2014

what query !!!


More than the kid or your future life.... you more bothered about the flat, which isnt your self earned money ?????    best suggestion... is to sort this out amicably....... am sure..there will be a way out to solve all issues and move on in life.. 


ELSE, till u both into divorce process, you do not have to worry about your flat....!!!! wud want to know how much is the worth of that flat.... some few crores ?? 

Rajiv Seth (Manger)     13 July 2014

Thanks for the reply!!

I did love marriage and that too losing all my self-esteem. Just because I  never wanted to harm her feeling. Her parents took me to police station without any reason. Still I did marriage.  But she spoiled everything after marriage. I am trying from past 6 months to meet her. But she keep on saying she don’t want to stay. Her parents are so abusive and greedy. I can’t send my  mother to their home to listen bad mouthing. Nobody wants to spoil own home. I tried my best to save this relation. I lost my job once because of this trouble at home. I have only mother at home not huge family. What should I do just left my mother to die alone and keep my stupid wife happy with her greedy nature. After all that is what the solution is. No acceptable!! I can sacrifice my father hood for that. Because my son still have mother. But my mother does not have anyone else then me..


Please let me know if somebody can help me?


How can I save my flat. I have to be protective.

rising up again (FFF)     13 July 2014

Dear Rajiv,


I am also facing problems due to my wife and possibly much bigger than urs..... Its just how strongly you handle ur problem... fight for it...and you shall emerge a winner.. 

For the flat , gift it to your mother.. get the deal properly registered by paying stamp duty......etc . there is currently no law which can take away ur property and give it to ur wife....so chill.....  



now, as a next move...............taking divorce or settle things ??? ...............u have to be sure and then start with  the process.. !!!  If she is not willing to come back, ask her for a mutual consented divorce... Its the easiest and always advised way out................ 

read more on this on this forum or on the net. 






1 Like

gautam (not disclosed)     13 July 2014

Dear Rajiv,

Transfer the flat to your mother for safer side, as the money for the same was given to your mother by he sister, court will too find it difficult to say it as a malafide intention.

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 July 2014

There is no danger to your flat as of now and there is no law that can authorise your wife to snatch the flat from you for the reason that she is your wife.  At the most she can claim right to residence, but for that she has to come and stay with you or in that particular house which she claims to  be her matrimonial house. If she is not at all willing to live with you anymore, there are no chances for that, in any case there is no danger for the house property to go away from your hand, you can be rest assured about this.  Further, if she is not interested to live with you anymore, you can ask her to sign the papers for mutual consent divorce, if she refuses to do so, you can make her to listen to the music namely divorce case on the grounds of cruelty and desertion against her.  First send her a legal notice asking her to return to your home, if she does not reply or if she declines through her reply, you may adopt either of the step suggested above.

1 Like

498 A fighter (Advocate)     15 July 2014

be try to safe your self your wife may file false cases like DV,498A, 125 etc etc...

Biswanath Roy (Advocate)     15 July 2014

Considering the facts posted in you query  I do not find any possibility of claiming the property in question by your wife for some adverse legal position.  By a letter you can call your wife to stay with you along with your baby in a sweet language as if  nothing untoward incident happened . Remit some money month by month as maintenance to her and for your baby.  Keep quiet on the issue of taking her back to you.  Visit your in laws house once in a week to see your baby. and carry on such practice till the mind of your wife changes.  Don't proceed to Divorce abruptly.

Sudhir Kumar, Advocate (Advocate)     19 July 2014

you said


"I didn’t  filed any compliant just for the sake for kid"


what complaint do you think could have made against her?

Sudhir Kumar, Advocate (Advocate)     19 July 2014




Rajiv Seth (Manger)     11 May 2015

I am still sealing in same boat. My wife is not back yet. When i meet she still abuse me and my family. I tried to convince her to explain the future of kid but she never. I tried this for two months she some time talk in a right ways but suddenly started shouting. I said this is not acceptable. I again i stopped meeting her. Then i tried in June 2014 her attitude was same but now she said come home and pick me up. With demands ....... i will nt do this do that. I want freedom I can go anywhere I need financial. I said that you always had then why you are asking now? And she said i will not keep relation with your family. I asked you want to live separately she said no. (Note I only have mother at home). Her language was so rude and disrespectful I said we can’t live like that. Improve this or get separate. I am ready to give everything but you have to be wife and daughter-in-law. But again northing went fine. So again we disconnected. I have only met my son twice since 2013 and it’s been 23months we are separate.

I called her two days back she blocked my number now.  

I need legal guidance now since its being 2yrs now my life is also on stake.

Saurav (Engineer)     11 May 2015



you need to know your priorities.


Is your flat more important or your Wife/Mother?.


For time being forget about the flat. The amount of thinking you are doing to save your flat would be better spent on Saving your marriage and protecting your mother.


Where is your father?.....is he Expired?..........So your Mother is all alone?. Then you should not leave her alone.


Tell this to your wife CLEARLY and under no uncertain terms : -


1. That you are NOT GOING to leave your mother alone AT ANY COST.


2. Then ask your Wife ........what the hell is the problem?..........Why is she not coming and staying with you ..........Ask her politely of course......you can take her out for a date or something........over a restaurant or a coffee...


Once you get the answer from her as to why she does not want to come back to you........If her reason is genuine and if the flaw is from your side.........Apologize to your wife and change yourself and request her to come back and stay with you.


If the reason is not genuine and/or some silly/flawed reason go for divorce and close this marriage as soon as possible.


If you are not much aged you can always remarry.

Biswanath Roy (Advocate)     11 May 2015

I reiterate my previous advice will be fruitful.

Rajiv Seth (Manger)     14 May 2015

Hi Saurav, Certainly my mother and flat is important to me. Because they both are with me and my wife ran away leaving me behind. I want her back because of kid not because of her. Btw everything have its own advantage, now i started loving and caring myself and also enjoy myself.  So somewhat i am glad she left me.

But whenever i think about kid i feel bad. Because i don’t want that he loses anything due to our relation. That is the only thing with force me to bring her that stupid lady.

And about date, i tried hard and met her 20time outside her school she seems now become more confused short tampered and greedy. I think hard time always teaches good and bad ...she learnt about bad. 

She try to ignore me and want me to come to her home to pick her up. Now as said earlier her family is the major reason behind this mess. And no one from my family speaks with them. They do bad mouthing. I asked her why you insist me to come and pick. When you ran away that time to you were alone. Now what happen now? I think pressure is from her extended family also.

They are not educated people. Most of them are into small shop so have enough time for these entire things.

Now if I call her she disconnects my phone. they only way is to go to her school and wait outside and catch her there. Which i feel is really stupid.

What a mess i have created.. :(                          

I asked her you wanna live separate she said “NO”

Now let me tell you the reason, home where i live have all the facilities. In rented accommodation  she wont find that.....lol gals become extra smart now.

Only thing that bothers me is why she don’t talk and why she only want me to come and pick her up. It’s been 2 yrs now and she is keep on doing same thing.

If she wants divorce she can easily get. She knows that i will give it right away.  Just check her thinking if i go to gym she says you maintain yourself so that you can find another gal easily after divorce. This is what she says. I am stuck with immature women and i already failed after marriage to make understanding between us. So i am also kind of scared of losing my peace of mind.

Rajiv Seth (Manger)     14 May 2015

Hi Roy Sir,

yes i still remember you advice but problem is her family is not worth of talking. I only have mother here rest of the extended family is i UK. Now my mother is not good at shouting and screaming they way they do. So i don’t want that sort of interaction where she is alone and her whole 50 uneducated family members try to teach us how to live. Who them self not know what is going on

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