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Ganesh.... (Engineer)     11 June 2019

Wife filled rcr for maintenance and to drag the case

My wife left home after 6 months of living with me.. i called her many times but she refused to come and their parents did-not take any action to save this marriage.. then i sent a legal notice after 8 months asking her to join with me.. But she didn't respond, then i filled divorce after 3 months(11 moths after she left home), its been 10months after me filling divorce, she filled a RCR saying i only sent her out and also filled an IA for interim maintenance. Now my lawyer is saying that we can ask her to come back, then court will take a written statement from both and ask you to start living together.. if she doesn't come to for 3 months, then we can again file for divorce, is it true? I have some proofs that says she left home on her wish? Can i use that and say that i cannot pay maintenance and get divorce? My lawyer says it takes longer time to prove. 
also can she demand that she can come back only after completing her 1 year of studies(her college is near my home)? also can she ask me to keep in separate home(My parents are very old and ill and they are dependent on me i cannot leave them alone)? 
Please help



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 June 2019

If court gives judgment in RCR your wife has to come and stay with you or else you can file divorce application again. As far as her demands that "she can come back only after completing her 1 year of studies(her college is near my home)? also can she ask me to keep in separate home(My parents are very old and ill and they are dependent on me i cannot leave them alone)?" can be a good ground for divorce for you.

Ganesh.... (Engineer)     12 June 2019

Thanks @shirish Sir.. do i need to wait for 1 Year or can i apply divorce after 3 months?  also can she claim maintenance after this also? 

Ganesh.... (Engineer)     13 June 2019

Can anyone tell me, if i can file divorce after waiting for 3 months or do i need to wait for 1 more year?


(Guest)
She can claim maintenance anytime , of she is working only then it might be denied but if she isn't then you will be asked to pay monthly or one time alimony

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