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wishal (sr)     31 August 2014

Wife lives separately since last 5 months how to approach?

hello friends 

i was married in feb 2014, we live together for 2 months. then the problem started. her brother is metally retarded which they hide initially. he got operated for spine surgery. she left for it and didnt return since last 6 months. we met them 3 times to discuss the things. they are putting conditions which we cant accept for whole life.

they are telling me to live with them. (GAR JAMAI) their daughter refuses to cook. she will take admission for some falatu degree to enjoy next year. and telling that we have spended xyz money for marriage.

abused us when we went to their home and threaten us to file complain. 

i am the only son so i can not live with them permanantly. they just harrasing us by not sending her to our home. our reputation and all killing.

now how can we go ahead legally??

how can we proove that she is not living with us?

what ground for filling divorce?

what data can we collect for future legal battle?

under hindu marriage law that we can not give her permission to study and handly our home???

shoudl we just wait for one year to complete after marriage??

there is lot of stress going on cause cant waste life and career after this all stuffs.

i heard that as time passes few laws weakens like domestic violance and 498a

 4 Replies

NUT (Programmer)     01 September 2014

You can legally file petition for RCR.. She can't file 498a and DV against RCR . 498a and DV case weakens , but same trouble of attending court exist.

great india (manager)     01 September 2014

Disagreed...... Havr patience....... Dnt givr her much attention for few weeks. Dnt hurry for legal battle. Ask her to takr a rental accommodation in your vicinity and pursue her career and home side by side or keep a maid and pay all her expenses. If they aaproach for taks,you convincr thrm this way but politely. Legal battle kills time money and affection. If they still adamant, be bold and send a messages that you ready for anything legal but let them tak first step. Rcr is no escapr for 498/dv / chill maro..... She can very well file sec. 24 hma in you rcr to extract money pending cases. So kuch mahine chill mar n have Patience for few mnths.

Biswanath Roy (Advocate)     02 September 2014

Try to settle the matter amicably by the help of both side parents and elderly persons. Don't jump upon legal process at this stage.

T. Kalaiselvan, Advocate (Advocate)     05 September 2014

If you feel that she is not responding to your calls asking her to return to your home or not caring for any amicable solutions except her own idea and seems not to be interested in continuing the marital life with you, it is better you send a legal notice asking stating that she left your company as well as her matrimonial home on her own after quarreling with you on and has not returned despite many requests, hence you are sending this notice asking her to return. Don't worry about reply or if she has not replied.  Preserve this notice for future litigation sake, wait for the one year period of separation and non-cohabitation, this will be a ground for divorce, if you rush for any legal action within the said period, you may draw a blank and also will be forced to face her false cases against you and other relatives of yur household. Consult a local lawyer and proceed.

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