Expert advice needed in false rcr case filed by wife


My wife has filed a Restitution of conjugal rights (RCR) under Sec 9 of Hindu marriage act &
maintenance pendent lite and expenses of proceedings under sec 24 of Hindu marriage act.
        
what my wife is demanding in the petition is as follows :-    
        
she want to live with me in a separate house (not in a joint family),   
she is demanding Rs.5000/- p.m. for herself and Rs.10000/- p.m. for one child as maintenance
    from the date of filing the case to till she started to live with me in a separate house.
she is telling a lot of lies / compliants against me, my sisters, parents in the petition,
she is telling my monthly net salary is Rs.35000/- and working as senior accounts manager in
xyz company.
she is telling while working in abroad I have drawn Rs.75000/- per month (approx)a nd sent
Rs.2000/- to herself
she is telling her aborsion is also taken with the compluslon of my parents with
                    the consent of me that she may give a birth to a female child again.
she is telling that I have acting as per advice of my parents.   
she is telling that my sisters, parents are demanding more money.

whiel her relatives approached us, we have informed we need apologies from her & her parents
from all (she have give wrong / false compliants).
 
but the truth is             
              
I have already a female child aged around 4 1/2 years.        
I am working in the same group, as accounts manager and earning a gross salary Rs.25000/- pm
(net salary Rs.24220 - PF  deduction Rs.780) & Rs.1250 as petrol reimbursement charges and
I have filed IT return for the financial year 2010-2011.

I have joint Savings Bank account with my wife name.  

she does not like my sisters, parents at all and wants to enjoy the whole money and  want
to live with me  in a separate house (not in joint family) and she wants to dominate me in all
aspects.

she is a degree holder and eligible to go to work at a reasonable salary of Rs.3000/- p.m,
Her father is drawing a pension amount Rs.15000/- per month & My father is drawing a
pension  of Rs. 7500/- p.m. My father, aged 75, is asthma patient for more than 30 years &
also a sugar patient, 
   
My wife has ran away from individual resident on 25/07/11 (1st time) without telling to me
and gone to my sister's house along with her father's friend as per advice from her father
& she has ran away from individual resident (2nd time) on 23/08/11, whiel I have asked her
jewels for deficit amount required for plot purchase. My self and my wife is living in
separate individual house from 12.06.11 & the house is taken under lease from 01.06.11.
     
Her Abortion is taken with the consent of myself, my wife.
       
I have not acted as per advice of my parents. she have the imagine from the  day of marriage
itself like that. We (self, my sisters, parents) have never asked more dowy nor demanding more
money from her / her father. 
      
while working in abroad for 7 months from 24.06.08 to 31.12.08 (Ajman, UAE)I have drawn AED 2913
plus for Meals AED 200 = AED 3113x 13.00 (Approx Rs.40469) from which i will have to spent for
meals, electricity & provisions. COmpany has provided accommodation, transport etc. For Your Info:
I have written agreement for AED 2913 as basic salary and all other facilities as company provided)

whiel her relatives approached us, we have informed we need apologies from her & her parents
from all (she have give wrong / false compliants). But filed RCR in court and filed maintenance
allowances. Now I am ready to live with her if my wife & her parents have given written apologies
(for name shaking she will not ran away again from matrimonial home). Otherwise I am not ready to
live with her amd like to go for divorce.
 

I have not yet filed affadavit yet. The last date of filing affadavit is 18.01.12. Please guide
& help me in the proceedings.


Thanks & regards

sankara subramanian

8870009233

 
Reply   
 

what ur wife if demanding, she can not get all legally. She cannot force u to stay in a seperate house. Court will decide about maintenace issue on basis of facts & evidences....Making allegations is one things and to prove them is another. So dont worry.....Engage a good lawyer and follow his advice....

 

Litigation never solves any issue....ur wife will realise this as her petition progresses in court but I am aware it is going to be equally painful for you too. .....

Wish ur issues get resolved soon...Good luck !!


Total likes : 2 times

 
Reply   
 


Worker

the wife is ill-advised by her own parents as well as her advocate.


 
Reply   
 
Worker

further,

asking written statements from wife & in-laws may be treated as Cruelty.

and also such WS can not shield the husband.


Total likes : 1 times

 
Reply   
 

Dear Amit ji

thanks for your reply. then what is the assurance for me (as husband) that my wife  will not ran away again from matrimonial home?  

My self and my wife is living in separate individual house from 12.06.11 to 23.08.11, after settling the dispute with our sister's husband relative in the same town, where my wife is residing. But now she concealed all things and filed a petition for RCR and want to live with me like that the petition goes on.

She claimed in that petition her life spoiled by my sisters, parents. I hope that she wants my hard earned money and want to live always with her parents home.

 

 

 

 

 
Reply   
 
Worker

what is the assurance for me (as husband) that my wife  will not ran away again from matrimonial home?  

Strong bond of love between both of you.

 

in a family, nothing is owned by one individual person. 

Everything is OURS !! not his / mine !!

reconsile the wife & make her understand the above fact.

 
Reply   
 

Thanks.  She is fine only for 3 months.  Once she conceived she changes her mind and acted like a boss. she is disobedient from the date of marriage. then how can i believe her.

She is in her partent home morethan 36 months (3 years) out of 5 1/2 years. She is not understanding me from the date of marriage and heart openly speaking. Even my self, my sisters were asked her if she wish go to separte home. but she refused to go separtate home at that time. but now she complianed each  & every persons of the family members.

what should i do now  

 
Reply   
 
Worker

there is hardly anything u can do; except to pursuade her.

its useless & impossible to make her stay with you by force.

i u think that u have already done sufficient unsuccessful efforts to reconcile - MCD is advised.

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Shankara

mr. Amit is rightly explained to you


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu