LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Krishna Kumar (Business)     06 April 2011

Wife left home one year later. She is not ready to join

Hi All,

I got married (arranged marriage) one half year back. After two months I came to know she is speaking to a guy by phone and sending SMS secretly (hiding everything from me). I asked one day what is happening. She left the home saying I am doubting her.

Since once year she is not come to my home. I dont know where is she now. I, my parents and some of peoples from my village went to her house for reconcilation. No one ready to speak to us and always says some stories and postpoinding the date she will come to house. Even now also her father says she will come, but not ready to say where is she, what she is doing etc.,

I talk to SIFF, they told to send a notice to her asking divorce mentioning all my reconcilation failed. As I am not aware of her address, I asked to send to her parents home. 

My lawer also ready to send the notice to her home asking divorce. Some one assest me again saying to speak to them instead sending notice, because they will ask huge amount if I am asking divorce. 

Pls advice me.

Thanks. Kelvin


 8 Replies

Tajobsindia (Senior Partner )     06 April 2011

@ Author

1. Since both of you are legally married the foremost thing is that once wife leaves matrimonial home immediately elders / neutral persons meeting from both sides needs to be set up. One need not have to wait ages for such setting up (meetings I mean). It is simple care read with apprehension of safety and security of a married lady since you happen to be still her husband. Tomorrow something (bad) happened to her whole society will call for your delinquency and for this behavior you need not be a 50 years man to understand. Even a 18 years old boy in puppy love understand the trauma of separation and search and rescue fundas. It is a bad happening from your side I shall say to have waited for 1 year for her to come back to matrimonial fold and top it that you are not aware of her whereabouts?. World is too small a place for a married Indian lady to hide, take it from me.  

2. If that fails immediately keep sending maint. money to FIL address as she is after all your wife irrespective of differences of upper story!

3. From your brief I see 'fault' in you to have waited 1 year which to any reasonable person is quite a long time not to know whereabouts of a wife and still waiting for what man!. Ever heard of Police instead of SIFF in such situations when both family’s elders / neutral persons sides societal talks fails?

4. Further from your brief it is not very clear what your intentions are in matrimonial life - divorce or rcr. Better to make up mind by tomorrow morning first thing and if you have special knowledge of that you may succeed with 'SMS / cell talk of your wife with someone as a ground" for divorce then file divorce suit otherwise if you want to be on safe side then file a RCR which you can convert into divorce with passing time.

5. Now covering SIFF advise I doubt SIFF giving such advise. In open forum or via PM you may tell your actual name and SIFF members actual name with city name who advised you such, I will like to set this corrected if fault of some member of SIFF as you say in public forums otherwise let us rest this SIFF matter in peace.

6. If you are VP of some software company or a business tycoon then worry of "huge amount" of maint. otherwise a lady either as wife and or as ex wife never comes cheaper to maintain in either situation because Tirupati Balaji's laddos are even costlier than what they used to be when I visited the temple (marriage is a temple is what I mean and maintaining the marriage is even costlier is what actually I mean here by ref. to Tirupati) for the first time in 1974 ! So when you got married you should be prepared for certain expenses on up-keep of a wife either as wife or as soon to become ex - wife. Face the maint. case bravely and just thinking it will cost you 'huge" donot end up in heart attack on mere thinking of it. First set some activity as per your Personal Law in court because no married man is allowed to set his wife living in un-known place all these 1 year!

Your other post has no legal value ( I read that too), first find your wife then chase second wife of your FIL. I mean your wife is more important for legal matters that second wife of your FIL. 

2 Like

Manoj Choudhary (Advocate)     06 April 2011

What uou want to do?

If you want to bring your wife back then File RCR in your court. After succeding in RCR you can get divorce on ground of Sepration as well.

Dont file Divorce directly otherwise you have to give a huge maintinance to your wife, and alimony as well. First of all can you prove the ground of crulety, (I think you dont have the proofs of your wife's b/f SMS and call details )

You can do 1 thing as well. Register an FIR in your police station mentioning that your wife is missing since last 1 year or your parents in law has hidden your wife. Then the truth will come to you what your parents in law wants and what your wife wants?

Best of luck dear.

1 Like

Krishna Kumar (Business)     07 April 2011


Thanks for your replies. I wish to answer some of your queries. Please advice me further.

1. Once she left, there was 10 time elders meeting happend. My parents, relatives, some person from my village went to her home for reconcilation. But everything failed. We could see her only one time in the early meeting.After they never told me correct place, always telling some lie saying she will be back in two days etc.,

2. I came to know she is some city, but not sure where is she. She is a MCA graduate and studying further. I am not sure what she is studying.

3. Regarding I need Divorce or RCR. I waited for last one year. But I could not see any interest from her. I decided if she come back by forcely calling her will not help. She will do some thing and go and file Dowry and DV cases. So I decided to get divorce from her.

4. Regarding conversation with hr B'friend. Yes. I have the mobile statement which she made calls, SMS to that guy. Almost 60 SMS in a day and more then 2 hours speech in night times to the same #. But That is not enough to prove that she is having affair with a guy right.

If she is not interested, how can I live with her. I need divorce, so atleast I can think of getting another marriage if possible.

I decided to file a complaint in police station saying "Wife left home and not comeback. Her parents are hidding somewhere and not ready to give me any details of where is she and what she is doing. As I am living for more then a year, I need to know is she joing in my life or not."

Pls suggest me is that correct.

Many Thanks. Krishna

Sanket Sharma (AM)     07 April 2011

Please consult a good advocate, u r invaiting false 498a, sort it out immediately

Krishna Kumar (Business)     07 April 2011

Hi Sanket Sharma,

I consultant two lawyers, both are given different option to move ahead. One lawyer is telling to file divorce another lawyer is telling to file case against FIL telling he get his daughter to his home and hidding.

I am confused, so that I came to this forum. Could anyone please suggest me a path to goahead. I need divorce and dont want to give maintenance as she is educated and also lived with me only three months. Also without letting me know she left the home with all her belongings (gold) and not comming back.

Pls suggest me what should I do now.

Many Thanks. Krishna

Krishna Kumar (Business)     07 April 2011


Hi Sanket Sharma,

I consult two lawyers, both are given different option to move ahead. One lawyer is telling to file divorce, but another lawyer is telling to file case against FIL mentioning he bring his daughter to his home and hidding somewhere.

I am confused, so that I came to this forum. Could anyone please suggest me a path to goahead.

I need divorce and don't want to give maintenance as she is educated and also lived with me only three months. Also without letting me know she left the home with all her belongings (gold) and not comming back.

Pls suggest me what should I do now.

Many Thanks. Krishna

Avnish Kaur (Consultant)     08 April 2011

file divorce fast on basis of deserion, cruelty and adultery, dont wait

Krishna Kumar (Business)     08 April 2011

Hi Avnish,

Thanks for your reply.

Could you please let me know to prove adultery, is that mobile bill is enough. I have 3 months statement which she made lot of calls and SMS to that guy.

I heared that to file divorce on deserion, we required two years of separation. Is that true or If I file divorce now, will it consider.

Pls clarify my doubts.

Many Thanks. Krishna

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register