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suraj (ab)     04 June 2011

What can i do of this wife????????

Dear Expert,


My wife has abondened me twice in six months and as before this time too on patty issue and blame games. As usual neither c nor her parents are responding to resolve the matter amicable. I try myself and through relatives but they r reluctant to discuss. We r marri4ed since 2008 and have no children. She is well qualified and presently not working. I went twice tio her parents but c denied. Now c and her parents do not pick calls even.. wat action or legal process shold I follow.. pls suggest asap.. this time its enough...




 9 Replies

hema (law officer)     04 June 2011

for filing desertion case, the time of desertion is not enough.

for filing divorce under cruelty, your post is not giving enough information about her cruel acts.

you can file restoration of conjugal rights petition and after succeeding in it, wait for one year and go for divorce on the ground that conjugal rights are not restored. (def)     04 June 2011


plz elaborate: "for filing desertion case, the time of desertion is not enough."

What do u mean by... filing desertion case??

1 Like

Arvind Singh Chauhan (advocate)     04 June 2011

There may be some reason of detachment. what ever it is, If you still wants to live with her, try to take help of reltives to find out the solution amicably. If she does not want to live with you,  both may file divorce on mutual ground.

Otherwise you have to wait for at least one year from the date of last desertion, for divorce.

You can file Suit for restitution for conjugal right to call her back and may arrange meeting through the help of reconciliation board. Don't get harrassed.

mrgop (Owner)     04 June 2011

As @Aravind already said, if your not in fault, dont get harassed and humiliated by calling them if they are not interested. You already tried your best but they are not even ready to pick your calls... So be bold and file RCR as soon as possible without sending legal notice. Then, let her decide either to come back or file for divorce...during counselling make it clear that you are ready to take her back and if she don't want to with you then  you are ready for mutual divorce.

hema (law officer)     04 June 2011

Originally posted by

plz elaborate: "for filing desertion case, the time of desertion is not enough."

What do u mean by... filing desertion case??

 kindly let me correct my self and clarify.  for filing divorce petition on the ground of desertion under section 13 (1)(1b), she has deserted him for a continuous period of not less than TWO YEARS immediately  proceeding the presentation of the petition. 

Rohit Shukla (Engineer)     04 June 2011

Dear Suraj, Don't worry .... its a common ploy of todays some of the most deprived ABLA NAARI :)  Just as a first step, stop worrying and regretting for something which is/was actually never meant for you. Trust me its hard, but once you get mentally strong then you won't get harrassed.

As a strategy, what Zeeshan has suggested is the most potent and very practical approach ....... rest all is very theoritical and has common pros and cons. Remember, one who can harasss you today can do the same tomororrow as well. So why not to check the meance at the stage when you are young and capable then waiting and getting into more complex situation in future when you will have kids as well? Be Practical Bro ..... I am facing the same situation after four months of my marriage ....... I have made my mind to an extent that I have even gone to the extent of attending and seeing practical experience of ongoing 498a exercises in the lower courts, understanding the process and the worst case scenarios. I have even checked the prions where I may be shifted in case of any mishaps (Surprisingly its full of very educated folks ..... IT Guys and even some Fauzi people). Fauzi are the best lot, tough not to crack with years of services ethics embedded in their character, they are not ready to compromise on any term and are even ready to exercise for few more months in the jail :) So what i am trying to suggest is that YOU ARE A MAN ..... trust me hard times will come and may affect your some very productive years with loads of harassment ..... But Thats not THE END. There is a silver lining after that. BE GOOD, PATIENT & VERY SPECIFIC TO YOUR STAND with out getting into unwanted race of hurting your wife or his side. JUST BE AGGRESSIVE FOR YOUR OWN LIFE .... Good Luck :)

suraj (ab)     06 June 2011

Thanks all, I try through relatives and even friends, but they r playing tricks and mainly her father is very rigid and pretending this way or that way. It seems that she wants to be back but she is finding herself in between of father and husband. If she leaves against father's will den if future she cant face him for any probs...other side if she goes to husband den dont know wat will happen there."??

But even though her father threaten to put cases for dowery, harrassment etc.. Sometime she tel my relatives to marry my husband ,  i am agree etc... I dont understand wat is going inside.. She suspect me for nothing..its true.. its her complex and doubtful nature due to which i try to avoid mishaps and she suspect more n more... The way they talk and react make me more aggressive and impulsive.. Sometime I think to take extreme steps, legal or illegal but den think of future of my family members and both of us...

I am confused yet to decide wat to do nad wat not to do?



syed (Branch incharge)     06 June 2011

Dear Suraj,

You now very well from your heart about the situation,

IF your heart says to give her a chance to live with you then please go ahead as todays young womes are confused they really dodnt know what to decide, they only listen to people who current supporting her act but she dont know because of thier ill-advise she is the one who is going to suffer

If you heart says you have tried your level best, still no move from your wife then you can decide as both of you need a good life, speak once finally if she agree then its fine otherwise apply for divorce - if you want apply for RCR first then go ahead that will help you in different cases which raises from women now a days

Forget about maintenance let court decide whether you have to pay or not

Other cases like dowry/ harrasment, you can fight if you think you didnt harm her by anymeans

If your wife lawyer raise false cases against you then we have more genuine respectable lawyers who can fight your case to win.

Submit your enquiries on Expert sections also to get time to time help


even am doing the same



As all learned members says, Patience is a key. Same is happening with me and wife deserted for more than a year. Think as this separation would help both of you to clear your thoughts. So rest of the life you would be either together very tightly or on your respective ways !!!

Legal things will come if it has to come , anyways. So you cant do much about it .


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