Please guide me
mahi
(Querist) 01 April 2013
This query is : Resolved
hello experts,
my name is raj and have been married since 2001,have 2 kids,my wife has been ill treating me and has done the same with my parents and brother too from day one,I reside abroad as Im employed there,my wife had never treated my parents well and as I had bought a house on her insistence in the same buldg in 2004 but just staying above my parents house she never gave access to my parents of my children,she's been dominating,agressive,voilent in nature,hurling filthy abuses which no one does in our house hold,she even let her boss sleep for a night in my house in my absence which the immediate neighbours are testimony to,shes fought with most of the building people on some pretext or the other,nobody is in talking terms with her,she is schiziophenic in nature, then my father expired in 2008 fretting for his grand children and mother expired in 2011 bearing this womans atrocities, during all this phase she never took care of my parents and when I asked her about it she said thats the way she is and on the contrary she asks me for money only,even when she used to phone me she never inquired about my health or my sufferings the only sentence she manages is when would I be sending her the money for expense so I thought that when she has been a total failure as a wife and a daughter inlaw why should I send her expense and stopped sending her expense thats almost 2yrs now,so lately she tried to lodge a NC against me in a police station saying that Im not paying her expenses and as I reside abroad the police called me on my mobile and asked me to reconcile with my wife which I dont want to,to be frank I love my children but because my wife is taking undue advantage of my love for my children I stopped sending her expense,her family is supporting her and shez working too,now the query I want to put forth before all u esteemed people is when I come down to india she may file a case against me for not giving her expenses and probably she may go further by putting false cases on me,but to my knowledge as I dont reside with her so DV is out of the question and 498A doesnt apply as we being catholics theres no dowry system entertained in our caste,so what are the probable allegations she can file against me legally?thirdly will my passport be confiscated?fourthly will I have to be in india till the case is over as I get only 40 days leave?my only say in all this is that till 2yrs back Ive fullfilled all my responsibilities as a husband and father but have been cheated,but if I file for divorce I may have to give her alimony which she does not deserve in any way.so please guide me with the factuals regarding my case,thanking u in antisipation,
yours sincerely
raj
ajay sethi
(Expert) 01 April 2013
you are bound to pay for maintenance of your wife and children .if you feel your wife is mentally ill consult a psychiatrist . get her medically examined .
your wife can file dv case against you for maintenace . right to stay in shared household . better contact a local lawyer . you have 2 young kids . dont file for divorce unless you are bale to do it by mutual consent
Devajyoti Barman
(Expert) 01 April 2013
She can file both 498A case and DV case.
There is nothing out of question if it relates to crime.
If you are arrested your travel to abroad may be restricted for some time though your passport would not be confiscated.
Whether you file divorce suit or not, your wife can claim maintenance anyway and if she is unemployed you shall have to pay her.
mahi
(Querist) 01 April 2013
thank u Mr.Sethi for ur guidance,actually am not wanting to go for divorce as I know she will have the last laugh,but the other querries are still unanswered that if I come down to india and if she files any case or a DV case then will my passport be confiscated and will I not be able to leave india during the case,can I leave india and my lawyer fight my case in my absence?does the court take into account that am in india for a stipulated time?please guide me friends
thank u
raj
mahi
(Querist) 02 April 2013
thank u Mr.Burman for ur valid guidance,I appreciate ur views,
warm regards,
raj
mahi
(Querist) 02 April 2013
thank u Mr Makkad,I appreciate ur views but am still worried as to what can I do so as to get divorce from my wife without making it too ugly,as I get only 40 days in a year to come to india and incase if I file for divorce also will that time be enough for the court to come to a conclusion?will I get access to my children in the future?Im ready to do all I can for my children and my wife knows this and is exploiting my weakness am totally confused
Devajyoti Barman
(Expert) 02 April 2013
Unfortunately unless you raise allegations, your divorce suit would not lie.
tHE ONY OTHER OPTION IS MUTUAL DIVORCE.
Raj Kumar Makkad
(Expert) 02 April 2013
If you can convince your wife by hook or crook for mutual divorce then you can get the solution to your all problems. It can be done within a short period if you both directly move to supreme court under Article 136 of constitution wherein only SC has power to reduce the time for MCD.
