Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

prasadh (abc)     16 November 2014

Rcr filed by husband

                my wife was left from matrymonial home nearly 20 months back. she went to her home for delivery. we have one baby girl. now baby girl has 14 months. My wife didn't come back to my matrymonial home till the date. i have to follow her instructions regularly, otherwise she will gives warnings to me. one day i was frustrated and not followed her instructions that day she has tried to suicide attempt when she was in my home. I have tried so much to stop her and finally i informed to her brother and asked her brother to changed her attitude but she never changed and she was changed a lot in rude way after i discussed with her brother.

                my wife is demanding to leave my parents otherwise she has not interested to come back and join with me. My parents are old, my father is not well. i have to take care about my father, if i leave my parents nobody is there to take care about my parents. i have one brother, he is not married. his earnings less than 10000 p.m. he can't able to take care about my parents. other than this my wife has so much of ego and she always fight for her domination things. she was employee before her delivery, she is not working now. she has given the warnings to me she will file a case against on me and my parents she will send us to jail. she is not coming back to my home and her mother blamed us we have tried to kill her daughter and we have given the warning to her to kill. this is false allegation which they have done on us in front of our relatives. Due to our disputes i couldn't able to see my daughter from past 10 months.

   I have tried lot to close the issue in front of big persons without involvement of court, but they are not responding to the big persons. Finally i have given the RCR notice from legal advisor to her just few days back, there is no response from them even they received the notice. . They are not coming to discuss the problem to sort out. at last finally i have submitted the notice in to the court (RCR). May be she will receive the summons by next few days. i am just worrying about the following things please clarify?

                1. After she receive the summons or notice from the court, if she files a case 498 or dowry herrassment what will happen. will police file FIR on me this situation.</p>

                2. i am working in a private company and i am earning now presently Rs. 60000/- net. i have taken loan from relatives 5 years back to purchase of flat. i have a flat but my wife doesn&#39;t the address of the flat. she knows that i have a own flat. i have taken personal loan from the bank few days before to clear the loan of my relatives. now i am paying to bank 17,500 pm. My father is not well, i am spending to my father nearly Rs.8000 to 10000/- p.m medical expenses to my father.</p>

                a) if i have to pay the maintenance to her how much approximately i have to pay ?

 

                b) Is there any chance i have to reduce maintenance which i have to pay to my wife and my baby girl. is there any way to show i am not earning Rs60000/- net by hand on monthly even i am earning the money ?<

 

                c) i have own flat. is she has any rights on my flat. I am trying to sold out the flat but i couldn't t till date. if i sold my flat is i have to pay 50% value to her and why ?

 

                D) i am working in pvt company, i have lot of tensions to continue my job. From the past 2 years i was suffering with this. If i lose my job because of this better i need to suicide attempt. Her intentions is to get the money from me, i should not get marry anyone till she is getting the money. she has not interested to stay with me. how can i wait for a long period and when this will be end ?

 

  3.  After 7 or 8 months if i leave from here escape some where without any body knowing or if i escape to foreign what will happen ? is there any problem to my parents ? one or 2 years later if any body find where i was, what will happen ? i have not interested to spoil my career to wandering around the court, please advise what i have to do ? i dont have confidence she will be with me for a longer period and she does not have capacity to understand ?

4. even if she comes after my notice how can i bring her which i should be safe side from the court. She is always trying to suicide attempts how can i stop and if any thing is happen in my home i will be trouble in the future. my entire life will be spoiled. i am just worrying about this to bring her to my home. pls advise ?

5) we both are staying in the same city. if i changed to some other city which court i have to attend. if my wife was changed to some other city&nbsp;and she filed a case against on me , i am styaing in the present city. in this case which court i have to attend ? pls clarify ?



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 November 2014

1. Police can .... 2. Court has the discretion to grant to maintenance and generally court can grant 1/3 of your income, but wince she left you with her own consent she will not be entitled to maintenance under 125 crpc, tell court that you have other obligations and she is staying away on her own ..3. Better ask her to compromise and mutual divorcee, no need to run away from India to anywhere....in your absence your family he most troubled ... 4. Bring her home once and see her tekprement and behavior .... 5. Where she files the case to deliberatly haras you.. Kapil chandna adv, 9899011450

Adv. Chandrasekhar (Advocate)     16 November 2014

1. On one hand you say that you cannot leave your parents as they are old and sick and they need your attention.  2.  On the other hand you say that you want to run away from the city to far flung area, even to foreign country.  What is the correct version?  Let it be like that.  No need to give any clarification to me.  One thing you do.  There is a merit in your wife's argument that she wants to stay away from your parents, because her family consisting of yourself, herself and the child.  Similarly, your concern towards your old parents is genuine.  You have to find out a middle way.  You take a small flat on rent near to your parents' house and stay there with your wife and daughter.  You regularly go to your parents and give them financial and emotional support to them.  Your younger brother will also look after them.  If you give divorce and marry some other girl, what is the guarantee that she would look after your parents in a better way?  Girls of young age think of their own family consisting of her husband, herself and her children.  You should not expect that they would serve your old parents.  Would you serve her old parents, if they are old and sick?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register