Wife want to live seperate
Karan
(Querist) 26 October 2014
This query is : Resolved
Hi!, I married on May, 2013, during these odd 18 months my wife left the home more than 5 times with little issue and opt to stay around 10 months at her parents home. This time too she left with little quarrel with me before 4 months. Our family and elder have try to reconcile but her parents not even ready to discuss the matter, we with our elder went to her home to reconcile but her parents has not allowed us to enter and sent us with insulting. She has started doing job at her parents home on her own. last time she when she left at that time they were not responding and taking calls so i had sent requesting letter to her come back. and in turn she threaten me that she will lodge dowry and DV case.
What are the pros and cons of filing RCR?
Is she eligible for maintenance, even she is working and earning 10K p/mnth?
What if she file false DV and 498A and how to defend wrong case?
I have one property with jointly held with my brother and have 80% Loan on that. can she claim share?
Please advice what step i have to take for contested divorce.
ajay sethi
(Expert) 26 October 2014
if you file RCR your wife will definitely file 498A / Dv against you .
since your wife does not want to stay with you convince her to go for divorce by mutual consent .
working wife is not entitled to maintenance .
your wife can claim right to stay in your matrimonial home but she cannot claim any share in said property
ajay sethi
(Expert) 26 October 2014
if wife files $98A obtain AB from court . contest case on merits . 80%of 498A cases are false
Sudhir Kumar, Advocate
(Expert) 27 October 2014
agreeing with Mr Anirudh, I will add that filing RCR is time tested tool to provoke file to file 498a (true/false) and DV, even if she does not intend to file such cases.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
"Our family and elder have try to reconcile but her parents not even ready to discuss the matter, we with our elder went to her home to reconcile but her parents has not allowed us to enter and sent us with insulting."
can you visualise reasons for this unusual bahaviour.
You case does not appear to be dead end as on yet.
Rajendra K Goyal
(Expert) 27 October 2014
1. RCR is just wastage of time and money and would provoke her to file 498A and DV cases.
2. Broadly not but all depends upon your income, her expected expenses and so many other factors.
3. You should take AB and defend the case on merits,.
4. She may claim, court not likely to accede to her request.
5. Depends on the case pleadings and the facts. Your lawyer would guide accordingly.
Devajyoti Barman
(Expert) 28 October 2014
It is always advisable to resolve the marital dispute amicably even if the same means dissolution of marriage.
However do not worry much about 498A case as once bail is granted, half the battle is won.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
you are not a dead end case.
Mere on the hope that you will get Ab that does not mean that you should invite 498a allegations.
Getting AB for entire family is not just like books Speedpost at Post Office.
V R SHROFF
(Expert) 28 October 2014
Keep cool: Wait & watch.
Do not comment to anyone
Look inside yourself, what she likes and dislikes..
Read books on woman psychology.
Law does not help matrimonial relationship, it only spoil or break..
