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sensitiveman (executive)     06 November 2011

Precautionary measures before divorce

Dear Experts,

My wife left me alongwith our 1.5 years child around 3 months back. She is a very short tempered and stubborn lady supported by her parents. Now, since last 3 months i am trying to get in contact with her and her parents so that we can meet and resolve the matter in an amicable way but they are not bothered to respond. Also, i want to highlight that in this period they have tried to defame my family in our community by giving false allegations.

I have also appointed one of my Uncles to get in touch with them and fix a meeting but even he is unable to do the needful. I am a family man and love my kid and wife a lot. At the same time, I am scared and suspect that they might take some unfavourable actions against my family. I am upset that she doesnt even think about our kid's welfare and positive growth. I hope you all guys would give me a suitable advice and in turn i can save my family.


 15 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 November 2011

Your efforts are already in positive direction as per your desire. You personally go and mee your wife instead of your uncle and resolve all disputes amicably.

Dharmesh Manjeshwar (Advocate/Lawyer)     07 November 2011

I agree with Mr. Makkad ...... coz what u can do ...... nobody else can ......... It's ur family so go out and do everything to get ur family ..............

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

If you love your wife and kid, fighting false cases is a small price to pay in making efforts to save your marriage. 







Shonee Kapoor

Raj Vikram Singh (Software Engg)     09 November 2011

If she has not filled any case or complaint within last three months, its good sign for you! 

Go directly and talk to her before she is completely brainwashed by her parents and take legal/file false complaints etc


All the best!!



Raj Vikram

sensitiveman (executive)     02 December 2011

Thanks to everybody for giving the valuable suggestions....As per the suggestions in this forum, I tried to meet her but she avoided me. This indicates that she is in no mood to rejoin.  Also, I am concerned abt my kid's welfare. He is very young and feel that if i go again to meet her and my kid at her parents place then they will create a scene and this can impact my kids mental well being.

Also, wanted to bring to everybody's notice that recently my Father in law called my Uncle(who is acting as a mediator) to get back her jewelleries but my Uncle told they can collect the jewelleries provided they communicate their intentions to rejoin with me and settle the matter amicably with my family.

So pls guide that in what ways i can meet my kid and wat sort of precautions shud be taken?......thanks in advance 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

File a case under Guardians and Wards Act, 1890/




Shonee Kapoor

sensitiveman (executive)     02 December 2011

Thanks a lot Shonee for your guidance!!!

sensitiveman (executive)     05 December 2011

Just wanted to know that what kind of arrangement will be provided by police/court to meet my kid if I file a case under GWA 1890.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

That is the discretion of the court.


For one month you are just thinking, when time is the essence.





Shonee Kapoor

sensitiveman (executive)     06 December 2011

I agree with you Mr.Shonee regarding the essence of time. Thing is the elders in my family are in touch with my in-laws for reconciliation thats why I was scared to take the help of law. But I made up my mind that if they dont reciprocate in positive manner then I will take the help of law to meet my kid.

Jogi Bhatia (Employer)     06 December 2011

From the discussion I understand that your wife wants divorce from you but you still want to save your marriage.
First of all shame on her parents that are supporting her in this - they are not even thinking about the poor little kid.

If you still want her back then you will need to discuss this with her in person. But you mentioned that she is short-tempered and stubborn and if she is not even bothered about your child then I do not think you will be able to change her ever.

Do you still want her back in your life? If yes then you will have to make some compromises. May be she does not want to stay with your family and wants you to take a separate house. Talk to her in person to know what exactly is in her mind.

Our Indian law is in favor of the women so there is nothing much you can do get justice. If you plan to take help of court to get her back then she may file a case of 498A against you and your family. And police will take immediate action against you and your family. This is frustrating and disgusting.

So its better you sort this mutually and if she does not want to stay with you then it is better to take divorce and start a new life. Marriage is not about compromises - it is about love, understanding and respect.

I hope it helps.

Best regards,

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

File for Child custody and don't take law in your own hands.





Shonee Kapoor

sensitiveman (executive)     11 December 2011

Thanks for your valuable input Mr.Jogi. Just wanted to update you Mr.Shonee that few days back my FIL called my Father and was asking for my wife's jewellery as my wife's younger sister is getting married in the next month. But my father told him that you are free to collect the jewellery from our place provided you let us know your intention for reconciliation as they were not giving any response when we were trying to contact them since last 4 months. Now, I am thinking to give NC application to local Police Station as I fear that after my wife's younger sister's marriage they might file 498a and DV. Kindly guide on this...

rajiv_lodha (zz)     11 December 2011

Plz do not discuss these sensitive things over phone in future. They may be recording it. See..u urself admitting that her jewels are in ur pocession, making 406 story true for them!

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