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satyajeet (Project Leader)     30 September 2012

Wife not comming back or giving divorce

My wife left me one and half year back.We got married in Dec 2008 and we don't have kids.In family meeting she blamed me  unessarily my  parents also for haressing.My parents are staying in different city.

We made mulitple calls to them and each time they give us execuses like  she is busy in her project..etc.In  Last called her father said he will drop her draugher on Ganesh festival.They nither brough her or called us.

Even  we are feared after bringing her she will harm herself and but us behind the bars.My parents are innocent they aer well know in society.My mother always treated her as daugher.

She is working in pune and she never called on my mobile for last one and half year.Now we feared she might be staying with some with relationship or ever marreid or having affair.

Please suggest what should be dobe.


1) Can she demand on my parential property?

2) I  have one flat  on my name and my mother.Should i transfer it my mother? or  we should sell it tke  new one my mothers name?

3) Can my father show that he has deserted me from propery which i hold?

4) why she is not comming after repeated attempts? why they are prologing?





 9 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     30 September 2012

Issue a Legal notice 

State therein, calling her

no dv, no 498  or cruelty on her

after reply or no reply file RCR. 

Rahul T (Engineer)     30 September 2012

Dou you have any proof, that she left your home 1 and half year back??? Collect evidence like pay slip or IT return of here, so that you can proof before the court, that she is working…. & Then don’t do anything… just keep quiet for some more time… once 2 years get completed, since she left home… then file a Divorce case under (Desertion & cruelty)… By that she cannot claim on your property…  Ready Hindu Marriage Act books…. Regularly visit this site & concentrate on your own work… For now forget everything….



498 A fighter (Advocate)     30 September 2012

Sir ,
First to collect the proof that she went by her own wish,

you did not torture her for dowry or any DV.

keep record of calling her back and also tickets when you go to take her back.

dont tell her that you are going for leagal action it is sure that if your problem is not solved than there is false DV or false 498 A is going to registered on you

after that they file dovorce on the base or cruelty .

she is working and she surely dont need you otherwise one and half year for new married girl to leave away form husband there is no sense?

give application to SP,DGP,PS ,Mahila paramarsh kendra immediately  that she went by her own wish .

lot exercise you have to do these are initial steps.

if you have good relation with your wife you are taling with are and there is love and affection is still in between you both from both side then solve the matter under on roof if once court cases will start then definitely it will end up in divorce and it kill time money and energy with mental peace so solve the matter by polite discussion.

if possibel the surrender ego to save your family and marrige life upto some extent just keep away your self respect also and bring her back if till now no leagal action was taken by her or you.

498 A fighter (Advocate)     30 September 2012

she can claim in your property also?

any property belong to you having her share if she prove it then you have to give it to her.

so just transfer your all funds and property to your near dear and become bankcrupt for time being you also show your self as debiter if she file maintenance case then it will halp you.

she is prologing her come back why? you should now it better if there is any dispute between you according to her nature wise you also predict

but in leagla way this is not good from your side she may say or file in case that you torture her for dowry and there is threat of life to her in your house thats why she is in her parent house and not coming toyou.

it is also possible that they may have given a complaint in their local police station or application to other offices or given a written complaint under 155 which is called as "kacchi report" but it is very important and useful to show that your are wrong. now you analyse the fact and act accordingly but whatever you want to do do fast as alrady you pass lot of time.

rajesh kumar raikwar (legal advisor)     30 September 2012

you should put up  an application before the adj /family court sect. 9 hindu marrige act giving all cicumstances..

498 A fighter (Advocate)     30 September 2012

yes go for RCR but as per my view make it next step first give application to all and collect the ticketes email and other record which shows that your effort to brought her back and then attach all in the proof in RCR , by this your wife or her lawyer have no chance to escape and your winning chances of RCR will be more.also they cant lie your  effort and it shows your true intention and all the proof also helps you in getting bail if 498 will be loged against you and that also get weak by this .....

Ranee....... (NA)     30 September 2012

Originally posted by : V R SHROFF

Issue a Legal notice 

State therein, calling her

no dv, no 498  or cruelty on her

after reply or no reply file RCR. 

what is it's meaning?

satyajeet (Project Leader)     17 November 2012

Thanks for your Help.


After reading above forums i decided to have one to one metting with wife and discuss the things and i was already to bring her back

I went with postive attitude to bring  my wife back to my house t.But she denied me  by saying that she will tell me her opnion  ony if i hand over gold ornaments.

Q1) Why she is not saying neither Yes or No?Why she is asking for ornamenents?

Q2) If she does'nt want to come i will giver her ornaments back and ready to solve this matter by  mutal way.I am fear if i hand over them at this stage she will prolonged this matter for long time.

I found her behavour very harsh and body language was very different.

I even recomended we can have marraige conselling but she circulling over past things again and again.


After disucussion with my parents we have decided send legal notice to bring her back but we are also in fear that she should not harm herself then put us me and parents behind the bars.











rajiv_lodha (zz)     17 November 2012

Sending legal notice wont produce any result at all but for possible retaliation from her side. It seems that she has lost trust in u & ur family.

My opinion is that RETURN HER JEWELS UNDER RECIPT + WITNESS SIGNATURE. u have no right to keep back her gold, then see whether she accepts councelling or not. May be ur marriage is saved if u do this genuine gesture.

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