Vicky (NA) 06 November 2014

My wife is not staying with me

Hello Sir/Madam

I am a married person from last 8 years. From Last 3 years my wife is not staying with me, before that she was staying with me but her parents were living in the same city, in that time mostly she was staying with her parent’s home. Then her parents moved to their hometown. She also went with them and said she will come after few days. She came after 4 months for 14 days then she went again at her parents home. When I asked her to come back to my home, she said let me live my life according to my own way. I requested her many times, but she said why you are forcing me to stay over there. Last time she came at my home in April 2013. When I am calling her either she is not picking my phone or saying who are you to ask anything about me, its my life and I will do whatever I like. I had informed same thing to her parents so many times, earlier they were saying give her some time, she will stay with you. Now they are not picking up my phone. Now they are demanding for rs 10000 per month for her expense. When I asked her where are you living now, She said that’s not your business, If you will not give me rs. 10000 per month to me, I will take legal action you and your family.

My total earning is around 11000 – 12000 after paying bank EMI, She knows that I have taken loan for her and gave her whole amount. I am also suffering from health problem from last 6 months, Still she is not ready to stay with me. Please suggest me what can I do now.

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24 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 November 2014

Dear, If you want her then file RCR otherwise file divorce. She can claim maintenance in court and for the same contest your case properly. Adv kapil chandna, 9899011450

Adv. Chandrasekhar (Advocate) 06 November 2014

Do not cow down. If she files case fight them out. If you want, go for rcr or divorce depending upon what you want.

Vicky (NA) 06 November 2014

Sir,

My marriage is not registered, Can I file RCR from other state, as I am from north India and I am living in gujarat. If possible , I want to know how much time it will take to resolve the issue.

T. Kalaiselvan, Advocate (Advocate) 07 November 2014

Yes you can file RCR from your place itself, registration of marriage is not mandatory for filing the case.

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Vicky (NA) 18 November 2014

Sir, Thank you very much for your advice. As per your suggestion, I had sent one notice, but they did not accept the same. When I inform the same to my lawyer, He said we will file a case in court, He asked for my marriage proof. I have submitted my marriage photographs. He is asking to provide him Marriage Invitation card, But I don't have the Invitation card, as its more than 8 years of my marriage.

Can my lawyer file case in court without Marriage Invitation card? Also Request you to suggest about the time duration that will take to resolve the issue. I am staying in other state.

Vicky (NA) 19 November 2014

Can any one please help me. I am frustrated now.

T. Kalaiselvan, Advocate (Advocate) 19 November 2014

The proof of husband and wife can be established in many manner, i.e., by producing copy of the ration card, by producing her Electoral photo identity card, her Aadhar card copy, any other documentary evidence in which both your name and her name appears. This is with regard to failure to produce the marriage invitation card. Besides, an affidavit duly notarised stating that you have married the girl on so and soo date at so and so place will also suffice the requirement, provided your lawyer represents the issue properly before the court. If you feel that your lawyer is not cooperating or prudent enough, you may change him/her and look for a better one.

Vicky (NA) 19 November 2014

Sir,

Thanks a lot for your reply. She is having election card & PAN card but she has not mentioned my name as her husband. As per both election card and PAN card, she is not married.

But I had purchased one land plot in her name. In that paper only my name is mentioned as her husband. Will it be valid? can I proceed further based on that paper?