498a, dv cases

This query is : Resolved 

18 June 2013

Hello Experts,

I have 498A , DV case on me.Fought cases for 2 years. Now i am thinking of reconciliation for sake of my little kid.

I work in different city from my home town and keep on travelling on saturday sunday to home town. Very well settled home in my home town. I stay with my friends in work city.

Now wife asks for staying together at work city. Problem is my parents are old and suffering from 20 yrs from disease and not able to do things on their own. It will be very difficult for them to come to small rented accommodation and stay with me in new area/environment. Kid is going in school in hometown.

If i dont take my wife to my work location city , Would it be considered by court that i am unwilling to take her back and that i have deserted my wife and not willing to keep her ?

I have been sending money for my kid's schooling and upbringing on a regular basis without any court order.

Please suggest.

Dr. Jyothi Vishwanath (Expert)
18 June 2013

Put your problem before the Court. Taking care of your parents is also your duty.
But you did not tell who takes care of your parents in your home town presently.
If they are adjusted to home town, it will be difficult for them to settle in new locale. Not taking wife for this reason does not amount to desertion.

Rajendra K Goyal Online (Expert)
18 June 2013

If your wife agrees in writing that you would be visiting on Sundays and holidays to your home town like now, would be giving maintenance to your old parents, and all cases would be withdrawn, you should take her to your workplace with you.

Nadeem QureshiOnline (Expert)
18 June 2013

Dear Querist
as per your query when you work in different city from your home town and keep on travelling on Saturday Sunday to home town & Very well settled home in your home town & stay with my friends in work city then try to convince her to live with your parents.

Never Give Up (Querist)
19 June 2013

Thank you Experts,

Main issue is that we have a school going kid, If we get kid admission in to school at work location , it would be next to impossible for me to visit parents in every week end. Kid will never be able to settle due to frequent traveling.

Wife has been asking maintenance in all the cases , stating i dont want to keep her. In this scenario will court grant her maintenance, as she herself has deserted me ?

V R SHROFF (Expert)
19 June 2013

Your family is your first preference.

Save your marriage first, otherwise parents too, with you , will have no peace in life.

Time and thinking changes with time.
Court will send u to councillor and settle the dispute.
Agree everything to save marriage./
She too will understand and allow you to take care of your parents, once she feel happy and secure.

You may have to live with your family, and that is your first duty.
Time will solve other problems & wish, you live co-cordially, even if the distance remains.

Never Give Up (Querist)
19 June 2013

Thank you Experts.

I appreciate your advice.

Raj Kumar MakkadOnline (Expert)
19 June 2013

well advised by experts.

Sudhir KumarOnline (Expert)
29 June 2013

wife has a right to reside with husband.

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