How to separate from my 2 nd wife

Querist : Anonymous (Querist) 01 May 2020 This query is : Resolved
My first wife died after 13years if marriage.i have 2 sons.aafter 4 years i remarried.but my 2 nd wife's nature is like too modern . trying to spend unnecessary money not looking after my kids.after 4 years she left house unchecked after a big fight.now after six years when she listened from outside that my made a house( with my first wife's resources she left which is currently under my children s name) she came to me uninvited and saying i want to stay in here.i am not gonna go from here no matter what can you do.i have blood cancer with hyper tension and heart problem .i cant live with her and her daily mishaps causing my health problems.i want to divorce her what can i do?

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Guest (Expert) 01 May 2020
You should only seek Legal Divorce. Discuss with local Good Advocate specialized in family matters.

Guest (Expert) 01 May 2020
If you could convince her for Mutual Consent Divorce basing on all the medical issues of your self mentioned with the help of people respected by her it would be well and good and MCD could be completed in maximum 6 month time or even lesser than that if you both co operate Or else Filing for Divorce would be the only remedy. Discuss with your Advocate please.

Rajendra K Goyal (Expert) 01 May 2020
It seems she has understood the fact that you are a cancer patient, she may be of the opinion that you are having counted no. of days with you. She can get a share in the property if she continues with you. However, if you are not interested in living with her, tell her in clear language. Discuss with local lawyer initiate divorce case against her, if she does not agree for Mutual Consent Divorce.

Raj Kumar Makkad (Expert) 01 May 2020
Your wife has a legal right to reside with you unless she gets divorce from you no matter you are ill or she had wilfully left you 6 years ago. You can even not force her to get mutual consent divorce.

If you have ground og desertion or cruelty against her then only you can file a petition under section 13 (1) (a) seeking divorce in the local family court.

Advocate M.Bhadra (Expert) 01 May 2020
At this point of time you should file a suit for Judicial Separation and after one year you can switch over to Divorce Suit, but you have sufficient grounds. Your wife has residential right to reside your house till obtain court order or disposal of the suit. You have also other option you may discuss with a lawyer..

KISHAN DUTT KALASKAR (Expert) 01 May 2020
Dear Sir,

I agree with the legal opinion of Expert Mr. Raj Kumar Makkad and add that marital bond cannot come to an end without valid legal divorce so you can file divorce case.

Raj Kumar Makkad (Expert) 02 May 2020
Mere sympathetic advice without caring for the legal position shall not benefit you.

Querist : Anonymous (Querist) 02 May 2020
But the house and everything is in my children s name and they don't want her to live in there.and also if she get my pension afterwards they don't want to take maintenance of her no matter what.so what can i do to separate her responsibility from my children?

Raj Kumar Makkad (Expert) 02 May 2020
Mother has also right to claim maintenance from her children if she is not capable to maintain herself. Though presently you are laible to maintain her. As your children are born out of your first marriage and they are the registered owners of that property so they may file a civil suit seeking eviction of you and your wife from that property but your aim is otherwise. You shall have to bear rent of the house of your wife, even if she is evicted from the mentioned hous property.

Sudhir Kumar, Advocate (Expert) 02 May 2020
Come what may. She (and none else than minor child) will have the pension unless there is divorce during your life time.

Sudhir Kumar, Advocate (Expert) 02 May 2020
she ha a right to reside in matrimonial even after death of husband regardless in whose name it is.

Querist : Anonymous (Querist) 02 May 2020
So what can i do to separate her responsibility from my children so they never face any problems in future for her and from the house.

Guest (Expert) 02 May 2020
Consult a Local Good Advocate as advised. Ensure all the said properties are in the Children's name and they are the absolute Owners of the same Legally. Better you dont stay with them till the issues are sorted out.

Rajendra K Goyal (Expert) 02 May 2020
You can live separately in rented house if your children do not want her to live with them.

She would adjust if she is sincere.

You should bequeath a will for your any other property.

Change the nomination favoring your children in your accounts if she remain non cooperative.

P. Venu (Expert) 02 May 2020
Yes, discuss the matter with a local advocate on the question of seeking a divorce based on marital cruelty. It is unlikely, in the light of the stated, that she would be agree for divorce by mutual consent.

Guest (Expert) 02 May 2020
Mr. NJS, alias Rajkumar, alias Narasimha, alias Bharat Kottarakkara, alias Bruce Charles,

Are you OK now? But, I don't think you have recovered even a bit, as you have adviced the blood cancer patient (querist) not to stay with his children, when his wife is rude towards him. You could have used some common sense, if there left any, where should he stay by leaving his own house?

Anyway, if you feel some relief from your mental ailment, please reveal the following information about your real identity, as I sought from you repeatedly:

1) Why you don’t have LLB Degree?
2) Why you were struck off from the enrollment of the Bar Council?
3) What compelled you to cheat and blackmail people by adopting fake name and multiples of aliases, like, “Rajkumar” or “Narasimha”, Kottarakkara, Bruce Charles, etc.?
4) Why you do not prefer to admit that you are a Christian?
5) What was the reason that you lost a lucrative job of legal consultant in the company, Gemima Oiltech (India) Ltd,
etc., etc.?

You have failed to supply even a bit of the above desired information as requested time and again at:
https://www.lawyersclubindia.com/experts/regarding-bail-718276.asp

Raj Kumar Makkad (Expert) 02 May 2020
As the house is question is the same property wherein she is residing right now and soon after marriage, had stepped in that house so the same is a share household as defined under DV Act so it shall be better to seek divorce from that lady either by mutual consent or through contestant way.

Querist : Anonymous (Querist) 03 May 2020
She's in the new house for 4 days after our 11 years of marriage.could she try and succeed by getting a share of the house which infact is my first wife's and now his children s?if yes what can i do to prevent that and can i get police help to get her evicted from the house or not?

Guest (Expert) 03 May 2020
Welcome here Mr.P.S.dhingra . It also confirms your mental behavior. Certain genuine facts would be disclosed now. Dhingra is Not an Qualified person to be here. He is in the regular habit of misguiding and misleading the innocent Querist with the intention of Extortion of Money. He was also suspended more than Thrice here which could be confirmed by the list mentioned by referring the List No 8 and No 27. So the Innocent Querist should be Very Careful and Cautious about this Fake and Un qualified element and sorry to say he has got Mental Stress also. Several Times it had been advised that he should take care of his mental disorders but he is not completing it . So better the innocent Querists Beware and there is no personal grievance against him and it is only because of his medical issues he is doing all this. Only sympathizing him could be done.

Guest (Expert) 03 May 2020
Dear Querist you had been adequately advised from my side and my only reply from my side would be " Discuss in detail with Local Good Advocate ".

Guest (Expert) 03 May 2020
Dear Querist,
You can imagine, what a dead brain person, NJS, can advise you, when he has lost his memnory about himself also and is unable to remember –

1) What happened to his LLB Degree, if he really qualified;
2) On what ground he was struck off from the enrollment of the Bar Council;
3) With what ill intentions he tried to cheat and blackmail people by adopting fake name and multiples of aliases, like, “Rajkumar” or “Narasimha”, Kottarakkara, Bruce Charles, etc.;
4) When he is a Christian, why he claims to be a member of the S/C or S/T category?
5) What was the specific reason that he lost a lucrative job of the Gemima Oiltech (India) Ltd, etc., etc.;
6) When he is unable to realize that when could not gain anything from the people of elite class, like Directors of his employer company, in his bid to blackmail them, what he can achieve by blackmailing or misguiding ordinary persons, who are already struggling with their problems;

You can very well understand, whether he advised you with some legal remedy to your problem or has merely misguided you, when he has advised you to live separate from your children when you may be in dire need of their support to help recover from your illness.

Not only that, his misleading advice tended to make you leave at the mercy of your rude wife, when you have sought advice even to get rid of her.

WHAEVER HE POSTS IN RESPONSE TO THE QUERIES OF THE QUERISTS, THAT IS MADE JUST TO CONFUSE THE QUERISTS OR TO INTENTIONALLY MIDLEAD THEM.

For more enlightenment about him, you may like to check at the following query thread:
https://www.lawyersclubindia.com/experts/regarding-bail-718276.asp

HE HAS NOT REPLIED ANY OF MY QUESTIONS EVEN REPEATED REQUESTS.

P. Venu (Expert) 03 May 2020
What is the age of the children? Is any of them a girl?

Raj Kumar Makkad (Expert) 03 May 2020
If the said house was in the name of your first wife then how the same has exclusively been inherited by your children having no share of you therein?

Guest (Expert) 03 May 2020
Your clarification to Shri Raj Kumar Makkad's query may fetch you correct answer about your 1st wife's property.

However, as of general, your 2nd wife cannot claim even an inch of the property of your first wife during your life, may or may not that have been mutated in yours or your children's names.

Querist : Anonymous (Querist) 03 May 2020
After her death it's in both father and children s name than i change them to my children s name they are not minor now.and somebody told me that my second wife can claim on that property also.but how?

Raj Kumar Makkad (Expert) 03 May 2020
If you had also transferred your share in the names of your children who are major now then the house now exclusive belongs to your children born out of your first marriage and thus your second wife has nothing to do with that property. Your children can definitely get your second wife evicted from their exclusive property by filing a civil suit.

P. Venu (Expert) 03 May 2020
It is the best and only option to transfer the proprties to the children through a gift deed immediately. Your second wife cannot stake any claim, once the transfer by gift is complete. Moreover, the girl child, if any, has option seek relief under Domestic Violence Act, if circumstances compel and so advised.

Guest (Expert) 03 May 2020
Perfect advice by Shri Raj Kumar Makkad!

Guest (Expert) 03 May 2020
Sorry, repetition appeared due to repeated ASP 500 error of this website.

Querist : Anonymous (Querist) 03 May 2020
She's not ready to move out from the home no matter what i do or tell except violence which i am not capable.so can i seek police help or can they help me? I have 2 sons no daughter.and if she's not gonna move from the house how can i file a divorce?i am in serious need of help . please help me.and it's also the stake of my children s future.local lawyers are telling all different stories.so...

Guest (Expert) 03 May 2020
So far as different stories are concerned that local lawyers are telling, as you stated, you can find different stories at this site also. You can't avoid that. After all you will have to depend upon some local lawyer only, fo practically fight your case legally, if you really want divorce from her.

So far as not moving out of the house is concerned, she being your wife, you cannot compel her to move out. As a matter of right, she can reside where you reside. In simple language, no remedy, except by getting legal divorce through court of law. Even after divorce you will have to pay monthly amount or a lump sum alimony for her subsistance. Even that would include the expenditure, like rent, etc. for her residence, if she lives separately.

So, you may better discuss in detail with some local lawyer, or somehow or the other patch up with her to make yours and your children's life peaceful.

Querist : Anonymous (Querist) 03 May 2020
I think there's nothing to do unless suicide.because she's torchoring me every day with warning me to go to the police and put three of us in jail

P. Venu (Expert) 03 May 2020
As already suggested, you need to transfer all the properties your children by way of gift. The deeds need to be executed immediately. Then, take the subsequent steps wisely, keeping in view the larger welfare and interest of your children. Certainly, suicide is unwise and not at all a solution.

Rajendra K Goyal (Expert) 03 May 2020
The house is in the name of children, they can proceed for her eviction.

She has right to live in matrimonial house, can claim maintenance from you.

Rajendra K Goyal (Expert) 03 May 2020
Suicide is not the solution, never can suggest for such illegal / drastic step which does not solve any problem.

Your children should file case for her eviction.

Querist : Anonymous (Querist) 03 May 2020
Can i give her maintenance money with out divorce till my death .a fixed money amount.and how should it be calculated.there are 3 members except my wife depending on me.

Querist : Anonymous (Querist) 03 May 2020
And there's also my health and other matters.

P. Venu (Expert) 03 May 2020
Who is the third person?

Raj Kumar Makkad (Expert) 03 May 2020
There is no mention of third person as asked by one of the experts.

Raj Kumar Makkad (Expert) 03 May 2020
Suicide can neither be advised nor is warranted especially in the given circumstances as mentioned by you in the facts of your post.

Raj Kumar Makkad (Expert) 03 May 2020
Even if your wife is not going out of the house duly owned and possessied by your major children, let them file a civil suit seeking her eviction from their house and you also need to evict that house and start residing in a rental house. As you are ready to bear the maintenance amount to your seond wife, let her go to court and get decide the amount of the maintenance. Your children have every right to secur their property from their step mother.

Querist : Anonymous (Querist) 03 May 2020
My old mother living on me

Raj Kumar Makkad (Expert) 03 May 2020
Your old age mother can reside with her grandchildren. She might not have any problem residing in the similar way there.

P. Venu (Expert) 04 May 2020
The following course of action could be helpful in overcoming the constraints you are facing:

1. Transfer by gift, all your properties to the children immediately;

2. Make sufficient arrangements for your mother to take care of the children and shift yourself with your wife to another residence.

3. If your wife unwilling, your mother can proceed against her under the DV Act.

4. Proceed for obtaining divorce from your wife on the ground of long unjustified desertion and marital cruelty; if she seeks compromise, try for a settlement of divorce by mutual consent.

The above suggestions goes much beyond the confines of etiquette required to be followed in a public platform of LCI's standing. But an exception has been given the extreme situation you are placed and trusting the veracity of the facts and information you have posted.

Raj Kumar Makkad (Expert) 04 May 2020
@ P. Venu! With due regard I want to attract your kind attention towards the fact posted by the author that he has already gifted his share in the property in favour of his children a long back. So suggesting him to gift his share is not understandable.

P. Venu (Expert) 04 May 2020
I have carefully gone through the entire postings. Nowhere there is any definite confirmation that the author has transferred his share in the late wife's property. Moreover, my suggestion has been in the context all the rights and properties belonging to him, not just his share in the late wife's property.

Raj Kumar Makkad (Expert) 04 May 2020
@ P. Venu Sir!

Kindly go to the upper post of your second reply on this thread wherein in response to my specific question to the author the how the inheritance of your wife went directly in favour of both of your children and you didn't get the share and his reply that he transferred his share in favour of his children. You missed those facts.

You have further mentioned advising gift of all other properties in the name of the children. Is it a wise advice to be offered in the modern age? Should a person gift all his properties in favor of his children to avid his coming liability towards his second wife in the head of maintenance? This means you are indirectly telling the author to prepare himself for jail term which is mandatory if maintenance is not provided.

The issue is only the house wherein the second wife of the author has entered after a long gap and the author wants to get rid of her.

The main problem before we experts is that we want to reply more and more times which creates further problem and we have to travel beyond the query and start pouring all our expertise in the advocacy, may it be sought by author or not and relevant or not.

Rajendra K Goyal (Expert) 04 May 2020
The author has not mentioned about any third person in his query.

Rajendra K Goyal (Expert) 04 May 2020
You said:
Can i give her maintenance money with out divorce till my death .a fixed money amount.and how should it be calculated.there are 3 members except my wife depending on me.
Reply:
You can give her maintenance without filing divorce or otherwise if she agree for it. If she does agree, in that case maintenance is to be decided by the court.

P. Venu (Expert) 04 May 2020
I have not missed anything. The exact words posted by the author in clarification to your specific question had been:

"Alter the death its in father and the childrens name than (sic. then) i (sic. I ) change them to my childrens name they are not minor now some body told me that my second wife claim on that property also but how?"

The author has nowhere stated that he had executed a gift deed or that he had otherwise transferred the right, title and share in that property to the children through a duly registered conveyance deed. The author's posting suggested that had got the property recorded in the name of the children in revenue or municipal records. It is elementary that such change of name in the public records do not amount transfer of title. The author need to execute a gift deed in accordance with the due process.

Secondly, there is , admittedly, no decree as to payment of maintenance to the second wife. Such being the situation as to why the author is liable to be imprisoned if he conveys his properties to the children. I am unaware of any provision of law or principle to substantiate this extreme proposition. I shall be grateful if I am enlightened. I concede that I am late late entrant to the legal profession. I had completed the degree in Law at the age of 53 and joined the bar at the age of 61. And, therefore, every posting in this forum is a learning experience.

Looking forward to enlightened response -

Rajendra K Goyal (Expert) 04 May 2020
You said:
And there's also my health and other matters.
Reply:
If she does not agree for maintenance in out of court agreement, court may consider your health and other matters.
In the given circumstances, it seems difficult that she would agree on any terms.

Rajendra K Goyal (Expert) 04 May 2020
You said:
My old mother is living on me.
Reply:
You can give her maintenance, if possible, she should live with her grandchildren.

Rajendra K Goyal (Expert) 04 May 2020
You can move to rented house, your children can file eviction suit against her, if she is not vacating their house after your moving to rented house.
Your health may not allow you to take care of your mother properly and continuously, she can live with your sons, you can visit her regularly.
Never think for suicide as mentioned by you.
You should face the situation bravely / strongly. You are not going to lose much but can gain peace, safety, security etc. for your children for future.

Querist : Anonymous (Querist) 06 May 2020
If she's going to file anything against me can she live in the same house? And i have already transfer my first wife s properties to her children's.so can my 2 nd wife claim those or not?she's now claiming maintenance so how much i give to her my salary is 28000 and my 2 sons and my mother is living on this

Querist : Anonymous (Querist) 06 May 2020
Can i give her a legal separation with out divorce

Rajendra K Goyal (Expert) 06 May 2020
You said:
If she's going to file anything against me can she live in the same house?

Reply:
She can claim place to live from you, your son can proceed to evacuate her from his property in which you or she has no right.

You said:
And i have already transfer my first wife s properties to her children's.so can my 2 nd wife claim those or not?

Reply:
She has no claim on the property of your first wife or property transferred in the name of your children.

Rajendra K Goyal (Expert) 06 May 2020
You said:
she's now claiming maintenance so how much i give to her my salary is 28000 and my 2 sons and my mother is living on this

Reply:
If both of you agree on amount of maintenance, get agreement executed duly witnessed. You can continue to pay as per agreement. Ask her to leave the house of your children, you can pay rent for her living.
It would be better, she claim maintenance through court and court order on the basis of consent from both sides.

Rajendra K Goyal (Expert) 06 May 2020
You said:
Can i give her a legal separation with out divorce

Reply:
If both agree, you can proceed with mutual consent divorce from court.

There is possibility, she is feeling sense of insecurity at present and hence she is behaving like this. If you are Government Servant, she can get pension after you, otherwise it would be difficult for her to maintain after you.

Raj Kumar Makkad (Expert) 06 May 2020
Legal separation can definitely be filed by you before the Family court of your area. It is not foregranted that the same shall definitely be provided, however, it shall depend upon the evidence to be brought on file.

Maintenance is the right of your wife. In the light of given income and liabilities of you, your wife can be granted a sum of Rs. 7000-10,000/- per month.

Raj Kumar Makkad (Expert) 06 May 2020
Your wife can initiate legal proceedings against you residing in the same premises except if she is legally evicted from that house by your sons, who are the owners in possession of that house.

Rajendra K Goyal (Expert) 07 May 2020
You have been advised based on law in the above postings.

Let us discuss other aspect.

You are a cancer patient, it is true her attitude had not been cooperative, she left you, lived separate. She can not gain sympathy in such circumstances.

If anything happens to you, it would be difficult for her to survive specially when she is not having any place to live in. Your sons may not help her in any way.

If possible, try to have a sympathetic attitude, settle the matter and try for the scope for Mutual consent divorce. If possible and have capacity pay alimony for the same.

Both sides would be saved from litigation, cost and time.

Raj Kumar Makkad (Expert) 07 May 2020
I am deeply impressed by the sympathetic advice of Ld. expert Rajender Kumar ji Goyal. Thanks a lot for Rajender ji for adding such value to the query and turning the shape of the query towards a humanitarian ground.

Rajendra K Goyal (Expert) 07 May 2020
Most humble thanks and regards, expert Raj Kumar Makkad ji for comments.

Raj Kumar Makkad (Expert) 07 May 2020
Most welcome Rajender ji.

P. Venu (Expert) 07 May 2020
Let us try to add value to the discussion, but not to ourselves by patting each other's back.

Raj Kumar Makkad (Expert) 07 May 2020
The suggestion and observation of expert P. Venu is worth mentioning requiring attenstion of all concerned.

Rajendra K Goyal (Expert) 08 May 2020
Adding value can not through away the courtesy. Paying regards, saying thanks and expressing feelings are part of life apart from professionalism..

The site never prohibit thanking to any expert.

Rajendra K Goyal (Expert) 08 May 2020
Sorry, due to internet problem, post was repeated, regret.

Raj Kumar Makkad (Expert) 08 May 2020
The view point of Mr. Goyal is additionally in the same direction indicated by expert P. Venu. There should be a healthy atmosphere here, which is the desire of all concerned.