Deserted and false allegations
manjunath
(Querist) 24 May 2016
This query is : Resolved
Hi, I have been married for last 2.5 years but my wife was with me hardly for six months later. She often goes to her native with some reason or other and never return for 3 to 4 months, she has left the house on three instances before. Because of her this attitude I had initiated a legal notice but took back as I wanted to give her a chance but now she has deserted me for good reason she wants me to leave my aged mother and in married sister. My wife recently delivered triplets I tried to get her back but she has refused to rejoin. I have now filed for a divorce in court. My wife has sent me a lawyer notice as dowry harassment and wants me to pay the maintainance. I will not pay a single rupee to someone who has deserted me and falsely alleging dowry harassment. I still love my wife but just cannot continue after going through all the pain. I love my kids. I am ready to take custody of my children and take the responsibility but will not pay a single rupee if they are with my wife. I am read to serve jail for failing to honour the verdict. What are my chances of getting divorce. How long will I have to server prison for dis honouring the court.
Please advice.
SAINATH DEVALLA
(Expert) 24 May 2016
Despite the fact that she was leaving UR house quite often,both of U were having a good conjugal life.
Can U elaborate the reasons for her behaviour? After UR reply lets discuss about legal aspects.
Sudhir Kumar, Advocate
(Expert) 24 May 2016
agreeing with Mr Devella I will agree that there has to be reason justified/unjustified for desertion.
Based on the given facts someone will advise you to file RCR without realizing that this step s guaranteed and tested tool to leave wife with no option but to give dowry complaint against whole family. Your wife is already ahead on that direction.
Sudhir Kumar, Advocate
(Expert) 24 May 2016
you said
"I am ready to take custody of my children and take the responsibility but will not pay a single rupee if they are with my wife. "
LAW CANNOT HELP YOU IN THIS PROJECT.
YOU HAVE TO PAY MAINTENANCE OF CHILDREN EVEN AFTER DIVORCE EVEN WHEN THEY ARE LIVING WITH HER.
YOU ALSO HAVE TO PAY HER MAINTENANCE.
Sudhir Kumar, Advocate
(Expert) 24 May 2016
You said:-
"I am read to serve jail for failing to honour the verdict. "
THEN NO ADVISE CAN HELP YOU
EVEN IF YOU ARE JAILED YOU STILL HAVE TO PAY MAINTENANCE.
Sudhir Kumar, Advocate
(Expert) 24 May 2016
you said
"What are my chances of getting divorce."
TOO PREMATURE TO COMMENT UNLESS FULL FACTS ARE THERE
SAINATH DEVALLA
(Expert) 24 May 2016
Dear Querist,
Reply to the comments of Sr Expert Sudheerji
P. Venu
(Expert) 24 May 2016
Please post the simple facts devoid of subjective opinions.
Rajendra K Goyal
(Expert) 24 May 2016
Do not be adamant, it would harm you. If you are jailed, you would not be able to serve your mother.
Try to have amicable settlement, save marriage and hence life of both and children. Take help of elders and relatives.
If she oppose you may not be able to get divorce for years. Maintenance has to be paid, you can not get custody of children, they are young enough and in need of mother.
Sudhir Kumar, Advocate
(Expert) 24 May 2016
Mr Rajender K Goyal said
"Do not be adamant, it would harm you. If you are jailed, you would not be able to serve your mother."
Is it sure she will be out of jail?
498a is generally filed against whole family.
manjunath
(Querist) 25 May 2016
I have submitted my full story not sure if this was taken . Please confirm.
manjunath
(Querist) 25 May 2016
Hi All, thank you for all your opinions.
I have been frank and honest to share here. I would also like to share few more points then you all say what I should be doing.
1. First week after our engagement we spoke. When asked does she like my family. Her reply was she doesn't like my mother and my elder sister. Reason before marriage my mother and sister had enquired about their family back ground such Native,education, siblings,property etc as per normal procedure before two family comes to an agreement. Also whay either family will be doing for the marriage to be solemnised. My wife took this as a dowry negotiation. I had said to her we do not accept dowry nor give dowry as I too have two sister and my family is against dowry. If she doesn't like my mother and sister because of this reason then there is no point in continue with marriage as she has to live with us and I can not leave my family for her misunderstanding. I requested her to speak with her parents and stop the marriage or else I will request my parents to speak with her parents and stop our marriage as it was just three days since our engagement. She said she muss took the discussion as dowry and was not aware of it so no need to stop marriage as it will effect her life and her relatives will cook up stories which will further complicate her life. So I felt she was kiddish or immature and thought she will understand once married and felt I should not be one to spoil a girls life as I yo have sisters. So went a head with marriage. My faith my father passed away 10 days of my marriage. My wife wanted to go to her native to bring her belongings so she went with her father stating will return in 20 days. I had informed them she has to return soon she as to be a part of my father's third month funneral. My wife failed to return. Her parents were behaving irresponsibly stating will have the rituals done in her place and we do it in ours as they will not send her for some more days. She never returned four 4 months. Finally she was sent to our house with one of her relative. After her return her behaviour was different she never use to get along with my family. She was keeping herself distanced firm us when asked she reveled as she was in hostel for 6 years she prefers to be alone and has got use to it. Till the I was not aware she was away from her family. I thought it may take time for her to understand and will get along well after few days. Unfortunately she had to go to her native because of some month where mother inlaw and daughter inlaw should see other so she went with her sister stating will return after 30 days and I should go and bring her back. I called her the following month to inform will be coming to get her but she said will not return and disconnected my call. After numerous try they responded and started accusing us of dowry again also she doesn't want to stay with my family. She told me to do a separate house and leave my mother and sister. It all started since then. Since then she us been deserting the house often.
2. As long as she is in my place she seems to be normal but once she goes to her native she starts to cook up with reason's.
3. The main reason she keeps going to her native us her father reason he comes as and when he wants gives silly reasons and takes her away stating will bring her back in a week tome but she never returns for 3 to 4 months.
5. My wife knows I love her a lot and yes I do though she is not here I still love her. But I feel we cannot continue like this for long. I cannot desert my family for no reason. I have a life how long can I go on like this?
6. My wife had hidden the fact she was carrying. I came to know this from her sister in the fifth month. I had been doing my responsibility as a father as a husband thinking she will return and she did say will return in 5th or 7th month but know she has walked back.
How long can I go this way it's been 4 months now since I have seen my kids and wife. I feel she is taking advantage of my situation. Can the law or my wife give me those golden moments I lost in this 3 plus years.
I have tried all means to bring her back but failed to do so. What ever you people have asked everything was tried but failed. My only option now is seperate. It's painfull but have to. If I am wrong I am ready to face the consequences.
Can my wife claim my mother's property?
Sorry I know my story is long nut this the fact I wanted to share like.
Please advice.
manjunath
(Querist) 26 May 2016
Please advice on the above
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
You seem to be fed up and vexed about your wife's attitude hence you have expressed your anguish in the form of a divorce case agaisnt her.
First of all you should think of the the triplet kids born to you and their lovely faces. What is the fault those kids have done that their parents quarrel with each other on petty or no issues at all.
From your contents it can be seen that there are no major issues between you both except for some minor skirmishes and petty quarrels here and there. No doubt leaving the matrimonial house frequently shall annoy anyone especially the husband but find out the reason for her leaving your house and plug the hole there.
Actually after marriage it is you who has to take care of your wife and kids and not her father, why do you allow him to spend for your better half ?
If she is adamant on living separately away from your parents, why dont you arrange an accommodation separately nearby your home at least temporarily so that you can satisfy her ego for the present and then you can bring her back to your way.
If you have decided to find only faults then there is no end for it and you will finding faults on each and everything every day and every moment even if she is willingly comes back to continue her marital voyage with you. In my opinion you can admonish her past unpleasant acts and take her back instead of trying devil's idea to demolish the sacred institution called marriage by filing divorce petition.
Despite this if you are still insisting on divorce alone, then the grounds for divorce is on the grounds of mental cruelty and not on desertion because it should have been more than two years of continuous desertion to file a case on that grounds.
SAINATH DEVALLA
(Expert) 29 May 2016
Hope the final reply by Sr Adv Kalaiselvan would satisfy and bring a sense of realisation to him at least in the form of triplets born out of their wedlock.Nothing more to add.
manjunath
(Querist) 07 June 2016
Thank you Mr Kalaiselvan. I have tried as said by you but still no sign of her coming back. They have filed for RCR and maintainence in pondicherry. I would like to speak to you. How to contact you plz.
