Subhomoy Das (Retail Manager) 18 February 2015

Divorce

My wife have left my home in 2011. We got one son 3 years old. He is staying with his mother. My wife is staying at her parents house but presently she is working in a semi - Govt. School & staying in the School hostel as it is a girls residential school. Our son is also staying with my wife at the school hostel. I wonder how the school authorities is allowing her to keep a 3 yrs old son alongwith her. Does a school hostel is the right place for proper care & upbringing of a 3 yrs old son who is getting deprived of home atmosphere & father love & affection due to his mother arrogant nature. Anyway i have tried my level best in persuading her to return back. ut she didnt. she is also getting support from her parents in staying there. Since 2011 my wife came to my house 3 times only for 15-20 days only during the summer vacation of her school. I came to know that my wife have admitted my son to a prenursery school near her school. I have also visited her no. of times to my inlaws house. She kept me telling that she will leave her job & return to my house after getting 2 yrs of teaching experience. But its 4 yrs now and she is not interested to come back. Our marriage is an arranged marriage. If she is interested in working she can do so at my place.

Now i cant lead my life like this as i`m missing my son & my married & conjugal life got severly affected. She is not interested to do Mutual Divorce.

My question is that :

1. Can i file for divorce on ground of cruelty & desertion. If yes then how long the case will run.

2. if i file for RCR and then if i wins the RCR order and my wife dont return back then what shall i do.

3. Apart from Mutual Consent of Divorce what are the other ways i can get divorce in short period of time.

4. Shall i require to pay maintenance to my wife. She is working in a semi govt school teacher getting rs. 18000/- salary + accomodation + food.

Till date no police case no court case have been filed by either side. Most likely my wife may not contest in the court as she didnt get enough resources to fight in the court. But still i`m not sure. She may can fight. I dont want to waste any more time.

I stay in Orissa. My wife parents house is in Jharkhand. Our marriage ceremony was held at my place in Orissa & also the marriage got registered in Orissa. Can i file RCR or divorce case at Jharkhand ?

Please advice.

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5 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 18 February 2015

1) Advisable not to file on those grounds 2)In RCR fails to return u can refuse to give for maintenance also tour son 3) Threat of extreme danger to live with spouse 4) no if draws equal to or more than u. But to ur child proportionately.

saravanan s (legal advisor) 18 February 2015

Yes on grounds of cruelty but not on desertion 2.in that case if one year gets over u will get divorce 3. No other way 4. You have to prove that she is working but u need to give maintenance to child

saravanan s (legal advisor) 18 February 2015

Yes on grounds of cruelty but not on desertion 2.in that case if one year gets over u will get divorce 3. No other way 4. You have to prove that she is working but u need to give maintenance to child

saravanan s (legal advisor) 18 February 2015

Yes on grounds of cruelty but not on desertion 2.in that case if one year gets over u will get divorce 3. No other way 4. You have to prove that she is working but u need to give maintenance to child

Subhomoy Das (Retail Manager) 04 March 2015

Thanks for your valueable advice.

What i like to know is that I came to know that my wife is applying for better job oppurtunities at her parents house. She is presently working in a semi Govt School as a Teacher & is trying hard for High School Jobs & also applying for State Public Service Commission , State Staff Selection Comission, Bank Exam etc. all at her parents house. That means if she get selected then she will stay there only and will never return back to my house for restoring matrimonial ties with me. She already admitted our son in a nursery school at her parents house. I`m from Orissa and she is from Jharkhand. In all her applications she is using her maiden surname ( his father surname & not my surname which she got after marriage). I dont have the right to stop her in applying for jobs for better oppurtunities as it is her life & her choice. She is not applying anything from my place so that if she got selected then she can work as well as we can both stay together.

What i like to know that if i tell or proove this as evidence that she is applying for berter job oppurtunity from her parents house then it is showing her clear intention that she is not willing to return to my home and restoring matrimonial ties. Will the Court consider my evidence ?

Please advice.