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Arohi (CXO)     06 October 2013

Stuck for a year and half after separation

We were married in May 2011, and my wife walked out of the marriage in May 2012 with her belongings. I Sent her a notice saying that she has left on her own. We never demanded any dowry nor elicit anything in kind any time during the marriage or after. We had to send the notice immediately as we feared case of desertation and proceedings. In the reply notice, she replied that she walked out on her own without any force or coercion. There was no charges of domestic abuse, torture, harassment from Mother-in-Law. There has been no case of 498A till date. After marriage only two of us were staying together.

We have been trying to get across table and discuss and finalise the petition. But they have been really adamant in picking our calls and every time we call, The standard reply we get is they will "discuss" with their lawyer and advice us. We have been living separate since May 2012, and till date absolutely nothing at all has progressed. I am 31 and she is 26 and they are merely dragging this to "teach" us a lesson. 

During our stay as a couple, all the expenses of household was completely taken care by me. Even though my wife was gainfully employed, I never asked her share any expenses. 

How can I fast track this and get done with this. How should I proceed and what remedies do I have?

How much can they loot us? My wife's mother is high-headed lady and wife seldom opens her mouth. Extremely arrogant. 

How can they make my life hell? What plans can be schemed(in the garb of law)?



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 10 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

unfortunately the law of the land is in favor of women alone hence the mis-utilisation and disadvantages by women at large resulting into the victimised men and his people.  As stated, by you you are living separately from her since May 2012, wait for another matter of six months and then go for a divorce on the grounds of desertion. 

1 Like

stanley (Freedom)     07 October 2013

Anything is possible in india with gender biased laws in favour of women . She can file a false domestic violence case or a False 498 A case but do not worry when it comes to evidence stage the case would fall apart and also you have her proof of her reply .As already stated above you have to wait for another 6 months and file for Divorce on the grounds of desertion.Such problems crop up when the Mother - In- law has her head in the Air and cant see the ground . They cant loot you as she is a earning able bodied women and hence she cant claim maintenance from you provided you  do not have a offspring else maintenance for the off spring is co-extensive.  If you dont mind could you state if it  Was it her ego problem that made her  walk away from you after one year of marriage . 

 

1 Like

Arohi (CXO)     07 October 2013

Yes. She was the one who walked out. I also had 6 counselling sessions inspite of knowing that the end was imminent and we don't have any offsprings.If I file under desertation, will the alimony of any kind not stand ground? Is it advisable to send a notice to her to file for a joint petition given that she has affirmed in her reply that she is ready for divorce by mutual consent?

Adv k . mahesh (advocate)     07 October 2013

1. have a discussion if you want to accept her again because till date there is no cases from both the end, so if you move a step down and agree to express your intention to reunion with her then have a chat with her and solve the issue and be happy

2. if you stop where it is and women can file any cases and anytime till you separate legally and if you are ready to spend time in the corridors of the court then do not try for any thing and after six months file for divorce

3. in your case it is clear that only your MIL is the problem and for this if you have a chat with there elders and solve the issue it will come to terms 

4. once any case is registered means just go through the other query about different cases they are facing you will have an idea what step to be taken

Adv k . mahesh (advocate)     07 October 2013

if she is already came with some consent then apply mutually for that and prepare the petition with expert lawyer and apply for mutual consent divorce 


(Guest)

@ Author,


1. Your case is like a one nightstand where two body copulates and next early morning part away without any promise or any assurance to meet again.But here I will say she was the one who was the prime person to behave as a one nightstand.


2. You are so lucky person whose wife left her husband, if you have time then plz role back and see on this forum that how many harssed husband's are there who are seeking for freedom from her own cruel wife. :/


3. Your marriage is now 75% dead and reamining 25% will be completed when 2 year's of seperation will be held out. This will be your Bhrmashtra as she willingly deserted you ,even no scope of reunion.

most probably she would be working women plus 2 year's desertion = No alimony and thereto to her after decree..


4. Just stay cool and you also become high- headed same like you MIL and never ever try to talk to her and your wife till 2 years's of completion. In this your benefit only,if needed change your mobile number.


5. The person who has accorded for MCD will never file false cases to simply drag to extort the money..


Reasoning:


1. She is working lady,so no interim maintenance to her.


2. If she will file false cases then waste of money on lawyer's fee and time taking on decision,where she will be also entrupted in all these. And due to reading in depth of your querry you wife is in affair and she is in hurry.


6. So,to make opportunities for your case and to produce 2 opportunities after completion of two year in your favor,you will have the following:


1. Divorce via MCD,


2. Divorce on the ground of cruelity + desertion IF the above fail's.



So,dude go and have some thrilling and exciting hearthrob party and chilled out.......as the ball is in your court.


1 Like

Arohi (CXO)     07 October 2013

Thanks all for your invaluable inputs. Really appreciate the gesture.

RanjithKumar (A)     08 October 2013

Dear sufferer,

                 What happens if the wife is not ready to cohabit and also wants to contest just for revenge.

Mango (Consultant)     09 October 2013

Is your Mother-in-Law is a working lady?

Arohi (CXO)     09 October 2013

Yes. Mil is still working with 9 yrs in service left

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