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Desertion on whose ground

(Querist) 27 May 2015 This query is : Resolved 
Sir,

Wife has made a forge passport and threaten the husband that she will carry along with her child girl out of country . Wife further threatening that she will not turn up at matrimonial place if her demand in terms of monetary terms is not get fulfilled.

Husband is residing in a parents house. However, wife has a flat in her own name. But she is not residing there but staying at her parents house. Both husband and wife is a professional .

Is it desertion on whose part? Husband or Wife? can husband can claim that he is ready to stay alongwith her wife in the flat which is in her name?

kindly advise friends.



SAINATH DEVALLA (Expert) 27 May 2015
What do U mean by forged passport,to threaten the husband?Is the husband residing in his parents since marriage?When did she buy the flat,before or after marriage?
If the wife has moved out on her own,it is desertion on her part.U are not comming out with the correct facts, something else is there in the episode.
ADV-JEEVAN PATIL, MUMBAI (Expert) 27 May 2015
File suit restitution of conjugal rights
balaji (Querist) 28 May 2015
What is a lime limit for filing such suit for restitution of conjugal rights?
balaji (Querist) 28 May 2015
There is a simple question that can wife restrain a husband from entering in her own house , when husband does not have any other house other than her parental house. and Wife does not want to stay at her parental house nor at rental house taken jointly as her own house is bigger than rental house.

what steps required to be taken by husband? in the case wife has done forged passport and threatening him, is a second issue? what steps husband can take so that wife does not misuse the forge passport? in indian scenario, as in india entire law is not from male side but from women side.
Guest (Expert) 28 May 2015
Mr. Balaji,

First of all, you have not mentioned how you are concerned with the husband wife proble.

Secondly, as you think, "there is a simple question that can wife restrain a husband from entering in her own house , when husband does not have any other house other than her parental house. and Wife does not want to stay at her parental house nor at rental house taken jointly as her own house is bigger than rental house," academically it may be a simple question for you, but not legally, unless case history is discussed appropriately.

Thirdly, it is not understood, in what way do you want the residential problem of the husband vis-a-vis the wife to get linked with the passport of wife and in what way do you consider the passport as a forged one?

If you want answer to your academic query, "what steps husband can take so that wife does not misuse the forge passport?" the simple answer to your so called simple question is that he should hire a lawyer and discuss the problem with full details of the case and the background of the problem.
Dr J C Vashista (Expert) 30 May 2015
A hypothetical, academic and baseless query. The author has been posting such queries earlier also.
SAINATH DEVALLA (Expert) 30 May 2015
U have been repeatedly mentioning forged passport,why didn't U give a complaint regarding the same to the concerned authorities.
Rajendra K Goyal (Expert) 01 June 2015
Author need to reply the questions raised by the expert PS Dhingra ji.
T. Kalaiselvan, Advocate (Expert) 04 June 2015
Yes if the author comes out with the details sought for by experts, he can get a proper opinion to his query.
malipeddi jaggarao (Expert) 05 June 2015
Academic query.


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