LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Orange@100   03 February 2022

Wife not coming back from more than a year

Hi all,

Iam from hyderabad. Married to girl from chennai in 2018. My wife went to her home in 2021 Jan and did not return back. Every time I ask she has different reasons like COVID, family function, winter, back pain, doctor consultation. So I went to chennai in August 2021 and stayed 3 months and requested to come back. Once I was back to Hyderabad again same kind of silly reasons. Before all this when we had quarrel I said her to leave house casually. She quotes always these words and says I won't come back even after saying sorry multiple times. Her parents also don't seem interested in sending her to Hyderabad. They always say she is seeing doctor for back pain and i said there are doctors in hyderabad also. But her father says she is family doctor. I mean all reasons I feel are silly. Now after trying multiple times I have decide to take legal action and wanted to file restitution of conjugal rights. In how many days court will order her to come back to my place? Does my lawyer send notice to her? What is the proces? I don't want to take divorce and want to save my marriage and divorce is my last option.


Learning

 13 Replies

Shashi Dhara   03 February 2022

Issue for notice to her and wait for reply and after proceed.

Fahd Shaikh (LAW STUDY)     03 February 2022

first try to understand reasons why she feeling more comfirtable to live in the parents house than in matrimonial hosue, there may be a various reason such as she feeling more comfirtable to live in parents house to avoid being household work.

you may take meeting with your father in law and mother in law and other good family member and discuss it what she want ? and say her and his family that if she is not ready to come back then you will have no option to brought her legaly.

SHIRISH PAWAR, 7738990900 (Advocate)     03 February 2022

Hello,

Involve elder family members from both the sides and try to resolve the dispute / issue. Otherwise file restitution petition in court. We cannot predict the time but now more judges were appointed for early disposal of cases in court. So it may take 9 to 12 months. 

PALLABH HALDAR   03 February 2022

In my opinion go for Restitution of Conjugal Rights but try to understand Wife can't be forced,it's just a legal process in which the court has intervened.

Try to collect evidences that she left without any reason.It was her decision which she took unilaterally.

Because anytime she can file 498A or file an application u/s 12 and 23 of DV Act even u/s 125 of CrPc.

And then you will find it difficult to come out of this mess.Because nothing is guaranteed.I have come across this many times in my career.

Therefore in my opinion go for Judicial Separation mentioned in HMA

Regards

Advocate Pallabh Haldar

 

 

Aryan Raj   03 February 2022

Dear Queriest,

You can file a petition for restitution of conjugal rights. The injured party is ordered to reside with the guilty party under a restitution of conjugal rights decision. The only remedy available to the deserted spouse against the other is restitution of conjugal rights. Under no circumstances, however, can the court compel an erring spouse to marry.

And because the court cannot force her to stay with you so after the decision of the first petition you can file a case for divorce. 

Regards,

Aryan Raj 

 

 

Orange@100   03 February 2022

Thanks to everyone for your comments. As a last resort i will involve elders from both sides and try to understand the problem. If nothing works out then I will take risk of filing restitution of conjugal rights. 

 

As pallabh haldar sir mentioned, I have not done anything wrong and even if she file 498a, there is no evidence I tortured her unless they make up. Thanks for heads up and I know laws are biased towards women. I will keep this risk in mind and somehow try to not fall in mess. I will file conjugal rights as a last resort.

 

Thanks again for all your help. Got to know many laws. 

Dr J C Vashista (Advocate)     04 February 2022

Resolve your problems amicably roping in elders / relatives and/or respectable persons of the society.

K.P.Satish Kumar (Advocate)     10 February 2022

You can file restitution of conjugal rights petition directly in chennai court. if you file petition in Hyderabad then they will file transfer petition to chennai dont give delay in court proceedings. Counselling will be arranged in chennai court and they sort out the problem simply. And proceedings also in fast track in Chennai.

Parasar   16 February 2022

write a letter or a whatsapp message, dont proceed legally, inform local police that she has left without sufficient cause, involve elders and try to convince her, if she is not working, send her essentials online, take care of her food, shelter, health and clothing. wait for her to initiate legal action. keep writing letters asking her to comeback, rcr or divorce will not serve any purpose, except wasting your time or resources. 

Orange@100   24 February 2022

As a first step, I spoke to couple of elders and that went in wrong direction. My father in law called me and said what is the necessity to involve others. I told him iam frustarted as i am away from my wife for almost 1.1 years and thats the reason i spoke to respactable people in relatives.

 

Now my wife has blocked me and my family in all online platforms. I was told by my Father in law that she was upset as i spoke to elders and will take 1 or 2 months to heal/forget things i have done. Are they playing a game? I am pretty sure after all thse, she wont live happy with me and I feel divorce is the only way to get out of this. I dont want to waste more years on this useless stuff or should i give a try for RCR?

Also parasar sir mentioned to involve local police, would this work out as we are in different states? My only problem is RCR takes atleast 9 months. I cant wait and need immediate resolution as this is taking mental toll on me.

PALLABH HALDAR   24 February 2022

Hi

Take care of yourself and don’t let anyone ruin your life.

Go for Divorce she won’t come back because she has made up her mind.May be she has been brainwashed by her parents.

If you need any help regarding this you can contact me.

Regards

Advocate Pallabh Haldar

Spice Agent   25 February 2022

you may take meeting with your father in law and mother in law and other good family member and discuss it what she want ? and say her and his family that if she is not ready to come back then you will have no option to brought her.

K.P.Satish Kumar (Advocate)     25 February 2022

you can file a petition for reunion in Chennai court and for minor disputes through counselling and mediation the problem will be solved. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query