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I need guidance now. (Harassed by Wife and her family)     24 February 2014

Wife deserting for second time

Hi Experts,


Its been 3 months by now where my wife has deserted me again. when she did it for first time after a month of marriage we under gone Marriage Councelling and doc said her to change her attitude and behavior and advised her to get back. but after getting back she had went to my friends home and fought with her for talking to me. this again made our relation unstable. again elders had sat to discuss and made us join again. she was good initially but her acts dint hold for 3 months where she used to make silly issues and used to make circumstances which makes me angry. but when i held my patience she started in bigger way by insulting my mom and controling me by not speaking to my sister etc. and when she made discrimination while cooking i had to open my mouth to talk and she picked quarrel for it and slapped me. i controled but she spoke bad on my mom which trigered my anger to slap her back. later her act was as usual callin her parents and shouting on me. i kept quite and my dad came between and made us stop the quarrel. we slept in anger. morning i went to office felt bad of fight and called her said sorry and said to leave what ever happened. she said ok and by the time i came home she had flew to her home. with her parents and her all major items.

i later went to her home there was no reply. we called them after 2 weeks there was no reply. and after two months they came and took rest of her things. i had recorded their conversation and took in writhing of what they are taking and said to get elders to talk.

now its already 3 months done there is no reply from them. and i hurd them telling stories on me and my family outside, as no one belived it as of now due to my parents reputation in society. 

she is complaining on me and my mom and has put condition to make seprate home ant take her.

any how am not going to make seprate home.

now i have 3 options

1. wait for elders to talk.

2. go for counceler again.

3. fight legally directly.


can you please guide me which channel is safe for me.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     24 February 2014

You can try two options now i.e.,

1. wait for elders to talk.

2. go for counceler again.


Third option is to to wait and watch the development for a period of another six months, do not even try to contact her thro' SMS or any other means, if she realises her mistake and  tries for reunion, then based on the terms you may decide about continuing the marital voyage once again, suppose she too resorts to the same silence, then you can decide about the legal recourse on this issue, wait for the time to answer.

1 Like

I need guidance now. (Harassed by Wife and her family)     24 February 2014

Thank you sir.


I need one more clarification. 

she spoke bad on my mom which triggered my anger to slap her back. i had never behaved this way with her. insted i had got it from her many tims which i kept as trival thing. but this matter she has framed colors to it. telling i twisted her hand and banged her back and i hurd she said i tortured for giving divorce at my home, and is blaming my mom as she had threatnd her for killing by gas cylinder. i know these are the stories for DV and are baseless but still i have no idea of what impact it would give in future. 

she went on Dec 13th and till now they have not given complaint. if she wants to then how long is this vallid as she is not in domestic relation from Dec 13th 2013

sandykrish (Interested in Family LAW)     24 February 2014

There is no time bar on false cases, she may file it at any time. So better wait and watch for sometime and take legal due course in days to come.

Start collecting evidences dont be complacent with they will not do any thing. Be aware of all these factors and take appropriate measures

I need guidance now. (Harassed by Wife and her family)     24 February 2014

As per my knowledge there is time limit for filing a DV. i guess its 1 year or so. but still i need to confirm the actual limit for it.

and yes i do have evedance for looking her after well. and i have never left her or pushed her out. they know i have recorded the conversation and have took in writing when they left. so its not so easy to file a false case on me. i have took measures but there are people smarter than me. so i am checking my status as of now.

T. Kalaiselvan, Advocate (Advocate)     24 February 2014

Yes, you are right that there is a ruling that making a complaint one year after the incidence is not tenable held in Roshan Vs. Dalvi case. About your case, it is better to be cautious on such issues and to be always alert in the event of any such event catching you unaware.  If it is DV case, its okay that you can contest with the help of evidence in your possession, but what about a case u/s 498A of IPC or u/s 3 & 4 of DP Act?, therefore be on high alert always so that you can be ready with Anticipatory bail to face such situations.

I need guidance now. (Harassed by Wife and her family)     25 February 2014

Thank you sir.


I will make the measures as you said.

Can you let me know what is  u/s 3 & 4 of DP Act.. not aware of it so.

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