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Sun Star   25 November 2018

Wife stayed back in india while vacation,asking for divorce

I am NRI living abroad. After 3 yrs of marriage, We were on 3rd India vacation trip when My wife and I had a small argument. My wife decided to stay back in India and intentionally missed her return flight last year. My wife is very influenced by her family and her family always had constant intereference in my married life. After 4 months of seperation, her family demanded divorce directly. Its been a year now she is in India and not coming back. We recently passed our 4th marraige anniversary. 

As a husband what should I do?  She has done this second time hence I am not intersted in this relationship any longer myself.


 10 Replies

umesh bhandare   26 November 2018

send her on legal notice first on priority

Sun Star   26 November 2018

Can you please elaborate what kind of legal notice? Are you referring to sedtion 9 Restitution of conjugal rights?

G.L.N. Prasad (Retired employee.)     26 November 2018

Wait for some more months patiently for the response from your wife.  Preserve all tickets carefully.  Record all conversations and store all messages for your safety.  Send some elders if your marriage is an arranged marriage.  If she is not willing to live with you, let her apply for divorce and take divorce on mutual consent and separate like friends.

2 Like

umesh bhandare   26 November 2018

send her notice for re establishment of marriage for your safety ! else she can file 498a against u and your family that can be issue before she do u do and at the time of FIR 498A registration u can show ur notice and u can prove i want to stay but she's not willing to let her apply for divorce if ashe want

Shashi Dhara   26 November 2018

Be happy as herself is forcing for divorce.give divorce . Throw her from Ur mind .if litigation go to court it takes decades .it does not ends. Both life will be ruined.
1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     26 November 2018

If your wife demanding divorce and you are also not interested in relationship so file mutual consent divorce. It may take 5-6 months for divorce.

Sun Star   27 November 2018

We recently finished 1 yr of separation. Is there any specific clause which demands at least 1 yr of seperation ?

Kumar Doab (FIN)     30 November 2018

Minor altercation should not have lead to such situation i.e Breaking Marital Bond.

If possible crease all differences and save the marriage. Elders, well wishers can help.

Or agree on MCD on mutually acceptable/reasonable terms.

Or contested divorce is the only recourse left to both spouses, on valid grounds e.g; Cruelty, Irretrievable Breakdown of Marriage etc ..


If one spouse has asked for divorce and has filed for divorce in court, and if other spouse is also inclined to divorce, the other spouse may agree for divorce in court.

Usually male spouses are advised to let their spouse file for divorce.

Looking into the demands before filing divorce and in petition one can decide to proceed further.

Both spouses can agree on reasonable/amicable settlement of respective demands and start their life afresh.

One should not run to courts empty handed and must gather irrefutable evidencs/unshakable witnesses e.g; on efforts made by one spouse to save the marriage etc and a good counsel shall not rush the clients to courts empty handed..

 The court shall decide on merits and may even opine that marriage has irretrievably broken down.


Sun Star   21 December 2018

Thanks for all the info. I have few proofs which clearly indicates her planning and plotting with her family members/friends to cause fights in my marriage and creating pressure on me. Also, few evidences her talking to "other" outside marriage. What this could possibly mean and help my case? Can this be used as a ground of "cruelty against me" for divorce?

Sun Star   25 December 2018

Please answer above question..thanks in advance

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