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Manpreet (Manager)     03 July 2014

Wife neither living with me nor going for mcd

Dear Experts,

                 Short descripttion  of my marriage: Wife behaved like a guest from the very first day.We didnot have any physical relation.She always complained about my house,me, almost about everything.She left my house in Aug 2014 and we were married in 2012.My age 38 & Her age 34.

                  Present progress : My wife has earlier agreed for MCD as she doesnot want to live with me.But now she is saying that I have to file divorce,she will not go for MCD. I doubt that If I file divorce,she may backfire with cases and will sign the divorce papers.She will be free and I will be fighting cases for next 5-10 years.

 Please advice what to do now? should I file divorce or should I wait for next 2-3 years.



Learning

 5 Replies

SURESH KALAGA (secretary)     03 July 2014

Dear Mr. Manpreet,

First you try to bring back your wife with the help of both of your elders. If failed this attempt, you can file Restitution of Conjugal Rights (RCR) under Sec.9 of HMA to ask your wife legally to join your company. This RCR decree would be a strong gournd to file divorce petiton if, your wife denied the RCR decree also. 

But, maximum try to bring back your wife positively. All the best for your reunion. 

Suresh Kalaga

Manpreet (Manager)     03 July 2014

@Suresh Sir,

Thanx for your prompt reply.

         We actually want to keep her but she doesnot want to stay, just making excuses. Reunion hasbeen tried but failed. Her father told in social meeting infront of 15 persons that she will not join me and will give divorce. She is making this attempt to extort money. What should I do to avoid this extortion? 

T. Kalaiselvan, Advocate (Advocate)     03 July 2014

Under such circumstances, when it is found that it is no more possible to continue with the married life, it is always better to make a call to terminate the same instead of continuing with a married bachelor life for years without able to see any light even at the of the tunnel. However, first issue a registered legal notice to her narrating all those bitter events that took place between you both in the past, but despite all that, though it was she who abandoned her matrimonial home and chose to live separately away from you without any valid reason, you are ready to admonish all her faults and take her back into the matrimonial fold once again , for which she should respond with unconditional willingness within a time stipulate failing which you may proceed with the provisions of law for further legal action against her.  This is how you have to tackle the issue for the present and then proceed further after that as per the circumstances that may arise then.

Fight for justice (Consultant)     03 July 2014

This is a similar case what i am going through.In my case i have already send so many notice ( both court and my lawer) but they are simply ignoring...i know that our law is woman centric but does that mean always a man will be sufferer though he is innocent..only mistake of a male person is that he is scared of any false consequences....dont know really why our law is not getting amend...when a husband is willing to stay with her husband why dont a wife play like this ..this is redicilous ...in my case i have decided to go for divorce and ready to face any consequences because court has asked to wait for 1 yr as notice sericing process is alrweady completed..i just want to iunform you that if your wife is really not interested to stay you should go for mutual divorce rather serving notice because that is a very lenghthy process 

 

Adv k . mahesh (advocate)     04 July 2014

from your query its clear that they does not want to reunion but harass you but what gone wrong is not clear from this query because you have not stated why she wanted to leave you by staying two years with you could not made any attempt to change her and before 15 persons her father clearly stated that they want divorce 

so one point is clear is that both want divorce but how

MCD which is fast and if you also want fast tract within 8 months then talk to them and if they want money negotiate what you can pay like 

if they want 1 lakh then you start with 50 thousand then a middle figure will come 

and if you are on right path and you dont want to give any money but divorce then go for divorce which may take some more time but finally they will come to your rescue for divorce because divorce petition takes not only time but also involves every point to be addressed and answered by both the parties before granting decree 


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