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RahulMAANN (Other)     18 July 2014

Saperation from wife & wife planning for divorce

HI..My spouse recently left our marital home & went back to her native home (Mumbai) to stay with her parents. I tried calling her & her parents but they are nt responding. She also took away all Gold & Siver Jewellery (both given by her parents & also given by us). Recently, i again tried calling her, but to my surprise her mother called me up & said not to interact with them any more as there is nothing left out to discuss & eveything is finished. Sho told me to wait as they'll inform us the next course of action.

I anticipate they'll come back with all alligation viz Dowry, Harrasment etc.  I also missed to tell that w got married for 3 years now & during this 3 years i have infact gifted gold jewellery to her parents (Mom, Brother) on their birthdays etc. Also, Gifted gold Jewelery to my spouse in this 3 yrs of time. Another thing, my parents dont stay with us since starting. My monthly income is 80K  & her monthly salary is 20K (She's working with Government Organisation). I have liabilities in terms of Home Loan which is equavalent to 58K per month.

Is there a chance of ruling out Maintenence and i heard if wife plan to move out of marriage then maintenance is not considered.  Also, since i have paid/gifted more so Dowry seems to be ruled out.

Kindly sugest.



Learning

 7 Replies

RahulMAANN (Other)     18 July 2014

Can someone help on the subject matter ??

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 July 2014

Dear,

 

If you really want you wife to join your home, them file Restitution of Conjugal rights and save yourself. Latter on if they do something then the case will be proceeded accordingly, because seeing the facts it becomes clear that she left without any rhyme and reason.

 

Advocate Kapil Chandna
9899011450

RahulMAANN (Other)     19 July 2014

Thanks for the info...can you also suggest as can i apply for AB in my city if my wife files a false 498a against me in her city (which is not my city)...??

Originally posted by : Kapil Chandna

Dear,

 

If you really want you wife to join your home, them file Restitution of Conjugal rights and save yourself. Latter on if they do something then the case will be proceeded accordingly, because seeing the facts it becomes clear that she left without any rhyme and reason.

 

Advocate Kapil Chandna
9899011450

T. Kalaiselvan, Advocate (Advocate)     19 July 2014

What is that you wanted to clarify about, whether initiating a divorce suit or worried about her maintenance claim against you?  Whether you apprehend them to approach police with false criminal cases against you if you go for divorce?  If you are worried about the amount of maintenance to be paid to her, allow her to file her claim in the form of maintenance case under the relevant provisions of law, then you challenge her case on the basis of her grounds/pleadings and take a defence accordingly.  Don't make the mistake of jumping from fry pan to the fire directly.  Allow her to initiate the legal process and then decide about what is to be done next.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 July 2014

Dear,

 

AB can be granted only by that court where the matter comes for hearing, i.e. where the proceedings are going.

 

Advocate Kapil Chandna
9899011450

gautam (not disclosed)     20 July 2014

Better start preparing for the worse and hope for the best.

RahulMAANN (Other)     20 July 2014

Kapil JI..Thanks for info...Can you also tell how much time will I get after receiving notice to apply for AB...or there will be no time allowed ??

Originally posted by : Kapil Chandna

Dear,

 

AB can be granted only by that court where the matter comes for hearing, i.e. where the proceedings are going.

 

Advocate Kapil Chandna
9899011450

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