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VJVJVJVJVJ (Professional)     05 December 2011


I have lived only 3 days with my wife after marriage. In that 3 days only i was harrassed by her to lot. I have filed for divorce petition 6 months after marriage. She has filed for 125 and RCR. My question is if I do not get divorce on the grounds of cruelty and she gets RCR in her favour, will I be compelled to live with her? In no circumstance I am willing to live with her. It has ruined my life to such an extent that I will never forgive her for whatever she and her relatives have done to me. So would I be compelled to live with her if my divorce is not granted and her RCR is ordered?


How to avoid living with her? In no situation I want to live with her or take her back


 13 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 December 2011

you cannot be compelled to live with her.  Because you only know what has happened to you

Sameer12345 (SSE)     05 December 2011




Well, Court won’t force you to live her.

Just be ready give her maintenance if she may asks for it, Just be ready to provide her residence if she may ask for. 

Another note, You can avoid maintenance and all other her demands only if You are be able to get divorce in your favor.

Manoj Choudhary (Advocate)     05 December 2011

You Can not be compelled to live with her. Further to your query, You have to pay maintenance to her as per your status and her needs even if you get divorce from her and till she remarry. It is better to get divorce by mutual consent. Otherwise be ready with your family members to be prosecuted under various criminal cases like 498A and DV act.

rajiv_lodha (zz)     05 December 2011

Meanwhile, how come u filed divorce after 6 months of marriage. I think 1 yr period is must.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

Also, be ready to get your property attached, if she goes on execute the decree of RCR.





Shonee Kapoor


Sameer12345 (SSE)     06 December 2011

@ Shoneeji

What if Author of this thread sell or transfer his self own propety and start living on a rented house?

He will be liable to pay (reduced) maintanace only and futher he has to provide a rented house to her during his life-time or she re-remarries.

Pl Give your thought. 

Shantanu Wavhal (Worker)     06 December 2011

@ sameer, 

the husband will get money by selling the property.

this money will counted as his earnings

so whats the point in just converting the physical forms of ur belongings ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Correct and also if the property is sold to prevent attachment due to court decree it is an offence in IPC. 424 of IPC.





Shonee Kapoor


1 Like

Shantanu Wavhal (Worker)     06 December 2011

oho !

Shonee bhai - see i have learnt to give correct answers !!

      lights everywhere !!!

Sameer12345 (SSE)     07 December 2011



@ Shoneeji


if husband doesn’t sell all his property and follow court's order, allow his wife to live into his property during his lifetime.


But later on make a WILL and stating all his PF, bank balance, and all remaining movable and immovable property should be given to someone deserving person after his (husband) death. For the motive is to don’t allow wife (who doesn’t deserve) to enjoy living under his property.


My question Is: is it still an offence? Wife can still raise an objection?


Kindly share your detailed knowledge for above situation as well.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 December 2011

There are two issues here.


He can not allow her to live during his lifetime by following court orders, it would be during her life time.


And no he doesnot commit any offence by making a WILL of it for someone else, howver, the beneficiary of the said WILL would have a touch time executing the WILL.





Shonee Kapoor


rajiv_lodha (zz)     08 December 2011

And remember, who comes to see what has happened to his property, money AFTER HIS DEATH?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 December 2011

lol Rajiv.



Shonee Kapoor
1 Like

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