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Madan (Employeed)     21 January 2014

Wife not giving divorce and not coming to life with me

I and my wife (both are relatives) battled each other on Sep 2012 and living in different place now. She is staying with her parents and I am staying at my work place. In this 1.3 months, I and my parents tried so many times to contact her over phone, but she simply disconnected the call whenever we called. Also in this period we sent so many persons (relations) to talk with her and her parents to send her to my house. But she refusing to come back always.

Before 4 months, I sent a lawyer notice stating that what happened between us on the day when we fought and asking her to let me whether she will come or not. But she replied like she is with her parents because of my mental torcher, list of marriage gifts given by her parents and never replied for my question like she will come or not.

We never ever asked any gifts, money, dowry anytime anywhere. All they gave as per them wish. Now they turning the concept like we demanded all these. They gifted few items and sum of money because her parents gifted the same to her elder sister’s marriage. As I understood that my wife motivation is like she will not give divorce and she will not come back to me also, so that she can make loss of my life.

I thought to apply divorce if she replied like she don’t have interest to come back. But purposefully she never reply like she will come or not. I never asked any dowry and ready to receive her, but she only avoiding me.


I don’t know how can I proceed this. My situation is that I can live with her if she come, else I need divorce. I am the only son in my family, I need a child and family life. At last I am sure that she will not come back and she will push me to jail if I go to court to get divorce. Anyone please give some idea for this issue.


 11 Replies

amit jhaveri (managing partner)     21 January 2014

best way for you is to file a divorce petition to take this forward to its logical conclusion

amit jhaveri

Adv k . mahesh (advocate)     21 January 2014

in your query you have not said wheather you tried personally to have a chat to resolve the issue for which she left the house and staying with her parents exactly what was happened on that particular day is the main question 

in my view first have a chat with her to solve the issue in some issues mediator like our best friend or her best friend, relation from our end or from their side will work and what about their parents what they are telling 

Madan (Employeed)     21 January 2014

Thanks Mr. Mahesh

I have tried personally 4 to 5 times by calling her initially. But she simply disconnected my call. Till now I never meet her directly because of she already avoiding me and no use to be present in front of her. But I tried with my parents by calling them. But they are not talking to my parents also and not speaking with my parents where they are meeting directly in any functions. But my parents tried so many times with so many persons who are intermediate between both families (we both are relatives). First 1 year they told to my relatives, she is not ready to come back to my home and their parents also not willing to talk to solve this issue.


On the particular day, she drunk toilet cleaner outcome of our fight. She went inside the bathroom, then locked and drunk. She did like this few times before also, I only stopped her by breaking door and pushing the poison/tables/rope. She tried to die for even tiny issues too. I called one of my relatives who stayed near to my house and told them she did like that. Then they brought her to hospital and she went to her father’s house directly on next day. That’s why I was angry to her and never go to meet her directly after she went out from home.

Madan (Employeed)     21 January 2014

I am ready to declare to Court that I am not demanding any dowry, gifts etc etc as she mentioned in her notice. I am ready to live with her. Only I need divorce if she not come back to matrimonial.

I need guidance now. (Harassed by Wife and her family)     21 January 2014

hi i am not lawyer but i think i can help you in your matter. call me at 8197933363 or can contact me through mail. trilok,g,mylar@gmail.com 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 January 2014

I think you are making mistake. You have to go yourself as husband. Why are you sending other people. There is some sentiments between husband arrival, and other people visits.

1 Like

Adv k . mahesh (advocate)     21 January 2014

we can understand but mere calling from telephone and trying to solve the issue will not get good results 

if eye to eye and have a face to face discussion only results will be fruitfull and even she is waiting that you will come and end the issue may be all this 1.5 years you have suffered a mental agony by trying convincing her through other sources why not this way 

if the result is not fruitfull then go legally and many options are there 

my saying is dont go for the last rope first try to go from starting to end with planning then you will succeed why because in your words only i can understand that you are not interested to end the marriage but you want to fight to save your marriage 

rachitsinghkushwha (reviewer)     21 January 2014

Dear Frnd , 

please file RCR, if she donot return, it will be proof that you have approached her to come back and restart new life through court. if she did not came at all. even after you win sec 9. then you can file divorce petition. this way she will not have right for maintenance u/s 125 crpc as you were trying to take her back but she refused. well RCR is pwerful tool tough it cannot force her to come back.

ANAMIKA VICHARE (LAWYER)     21 January 2014

Filing RCR is ofno use.....but you try to meet her personally once go iwth someone yr relative or friend.

Try to record the conversation n if she does nt retrn, thrn filed divorce ptn cruelty grnd n desertion grn if 2 yrs hv passed af t ers heleft



Anamika Vichare

Rahul Dhingra (AM)     21 January 2014

I am agree to file RCR but request you to before file RCR sent an request to your area and her hometown area SP, DCP women cell. And mention the above case history like about the gifts and all things so that Evan she file dowry and domestic violence case after RCR which is for sure as per above points. But agree with experts as well please speak to her directly what she wants. I am go through the same case so it's just my opinion.

great india (manager)     23 January 2014

i agree with anamika mam 1. rcr you file she will stubb youbwith sec. 24 hma and delay proceedings for years. 2. she can also file a dv/ 498 / divorce on cruelty. 3. in any case she doesnt wanna come and suck maintenance why not a divorce on desertion and cruelty then. 4. if you win she wont get mantenance. if you lose you can only lose when she agrees to join you..... later you can negotiate terms..... but rt now think for yourself.

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