AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
Experience Successful in acheiving what I regard job satisfaction.
Expert: Javed Razack Date: 6/26/2008 Subject: How to get my wife back/ or get divorced
Question Hi
My wife has left home after a dispute with me from past 8 months. This is second time she left
In our first dispute, elders united us by taking up an letter undertaking from both of us.
In that letter I had written that I will not physically or mentally torture her and not trouble her at home. She had written she will not take any drastic decision regarding her life like suicide
Now she says she will not come back to live together. What should I do and I am worried about that letter.
She says she will not give divorce nor comes back.
How should i proceed to get divorce from her? If she is willing to reconcile I am ready.
I have applied for RCR. But I fear if court dismisses my RCR because of the letter we both have given in writing.
I wanted to know can she claim maintainance from me when I applied for RCR and she book a criminal case like 498A or DV-2006 after me filing for RCR.
Can court dismiss my RCR based on cruelty physical or mentally to my wife. I have not done any cruelty on her till date. If she gives false impression to court can RCR be dismissed
I am ready to leave with her if she comes back. We dont have kid.
Evidence with my wife-
1.Letter we both have written
2.Some mobile messages I had sent asking sorry and will not repeat and will take great care of you.
3.Some doctor diagnosis reports when she was ill(she was hysteric and anemic).
Regards
Chandrashekar
Answer Hello Chandrashekar,
The case for restitution of conjugal rights is the correct approach for you to have your spouse back in matrimony. There are chances that the court may dismiss the application, but you should be optimist to take in positive manner. During the course of trial if this letter is considered, you have the option of debating the context of the letter and the intent with which the letter was got signed. You can take a plea that the letter was only as a guarantee to the wife that you will not adopt any means that are not in the interest of the marital relations.
The other aspect that your wife may file for 498A and cases under DV Act and for maintenance is based on the advise she may get and act upon such advise. If there are any cases filed, then you should be brave enough to defend yourself. The legal battle will and is not an answer to the solutions. If wisdom prevails over your wife, she will change her decision and return back to you.
The evidence that you have stated of the letter, and sms over mobile phone and diagnosis reports will be material when considered by the court and subject to your rebuttal of the veracity of such evidence being produced into court.
For the time being you continue to prosecute the case that you have filed for restitution of conjugal rights which will show some direction and course that you need to adopt in the near future.
I hope this suffice your present query,
All the best
Javed Razack
