sanjeev001 (executive) 08 February 2012

Can i stay away from wife to avoid daily quarrels and argume

Dear sir,

request you to kindly advice me on the following matter, i am living away from my wife, with whom i was living in a rented home, as she did not want me to stay with her as i come from irregular shift hours, we have been to a counselling session at the womens cell with the police. now she denies she ever said that, but i am now voluntarily staying away to avoid the daily headache of quarrels and tantrums she is throwing, i am paying the house rent for her, and she is working and earning money for her daily needs.

i would like to know if staying away voluntarily can harm my prospects of filing a divorce case, as i wish to do so in another 3 months which will be 100 percent contested. can my staying away be a case of cruelty and attract 498, on me or my parents, my parents have been away since the last 4 months and there has been no contact between my wife and my parents. kindly advice on the above issue. i reported this matter to the womens cell orally, to which they give me a summon letter to call her to consell her, but she refused to accept the summons and is also absent to the given future date for summons by the police. request you to kindly advice on the above matter.

thanks and regardds

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5 Replies

Shantilal Pandya ( Advocate) 08 February 2012

If your staying away from wife is for justfyable reasons , ,you have commiited no wrong , nor does it amount to cruelty and would not stand in the way of yourself filing divorce petition on legal grounds , to withdraw from society is a matrimonial offence but as you are compelled to keep away from wife on sufficient lawful reasons it is so permitted by law , even law allows filing of petition for judicial separation !

(Guest)

Remember normal wear and tear of marital relations is not ground of cruelty and always remember that contested divorce takes 4-5 years and if your wife does not want to give you the divorce then she can appeal in higher court as well.

You seem to be a young couple, adjust with your wife and live happily or else you will be ruined in court cases,Indian judicial system is biased towards women and for a Man to take a divorce in India is as tough as spending whole life in jail for a simple crime of being a married man..

Remember WISE MAN LEARN FROM OTHER EXPERIENCE AND FOOLISH FROM OTHERS, CALL ME AT 9560960049 TO know more about our judicial system.

dr.pawan rajyan (member and secretory) 08 February 2012

rahul has rightly said.

Shantilal Pandya ( Advocate) 10 February 2012

we are replying querries on pure technical legal grounds, regardless of how one should behave

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 11 February 2012

Issue Notice to wife, that thee is no cruelty, no desertion no villence, I did not demand any dowry from you.

as we went together at Woman cell, and you said there that you cannot tolertae disturbed sleep due to Husband's Shift Hour Duty , and other reason, we had decided to live seperately by mutual consent.

Despite that if she is having any griviences, we may file MCD.

This will provide you defence i case she files 498a.

This will provde you ground that she do not want to reside and cohibit with you due to your irregular hours of work.

D not blame or allege her for any immorallity or quarellsome etc.