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Vinod Srivastav (SFA)     05 July 2012

Wife not coming back.

Hi,

It was on the 20th Jan 2012 my wife fled from my place to her mom's house by stealing the credit card from my purse and boarded the flight to kolkata.Luckily when she swipped i came to know she was going to kolkata and when i reached the airport she had already got the boarding pass and left to kolkata.When she left to kolkata she had left alone leaving the kid behind with me.I immediately boarded the next flight with my kid and went to her place and dropped my kid off to her.(She didn't want the kid but since my daughter was just 2 months old i left her)

Now she is saying that she doesn't want to come back for good in chennai where i live.(Have series of audio conversation recorded where is shouting over the phone)

For the last month or so she is not picking up the phone as well and when i speak to her parents they say she is more than 18 years and we cannot force her and neither can we throw her out of the house.

Six months is all set to get over in the next 15 days not sure what steps can i take legally?

Regards,

Vishal.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 July 2012

Legally you can file a suit for restitution of conjugal rights, asking your wife to come back and seeking a court order to that effect. if you feel that there is nothing left in the marriage - then you can seek a divorce. Be prepared in either case to face a flurry of false allegations in false dowry case, dont worry the damage can be pre-empted and minimised.

 

Feel free to talk !

Vinod Srivastav (SFA)     05 July 2012

Great.Thanks for your reply.

I am told that RCR doesn't help much when 498A would be filed and most of the cases it is filed.Hence making it meaningless.Do let know if thats right?

How can the damages be pre-empted and minimised?


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