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Sushant Singh (Private Service)     11 October 2009

Maintainance for deserting wife

Gents, how to prove that wife has deserted of own accord. My wife is living at her parents place for over 3 years now. Her intention is to apply pressure on me to desert my old parents and live with her at her place of residence. Its a typical story of blacmail & threat and the need to have control over the salary I earn. I have always wnated her to come back, and I have always mainatained her financially over these 3 years an have been constantly depositing money for her and my childs upkeep (child daughter 3 years old). However, instead of returning she makes frivilous claims that I hit her, pushed her, and I dont give her money etc. all trivial reasons to not come back home. However, none of her claims have any proof only verbal talk from her mouth that cant be substantiated. I have proofs of receipts that I have been depositing money for her and also spent money on her education over these 3 years. Wife is highly educated with triple postgraduate degree and good teaching job, earning handsome salary. Whats should be my course of action to either restore my relationship or get rid of this relationship, since their intention only seems to delay the issue and not give divorce, since they are a vengefull family. Should I file RCR ? Waht should I do if they file for Maintainace ? I work abroad and earn a high salary and their attempt would be to extract maximum from me. Whats will be the courts view if I take the stand that I am ready to maintain the wife ? My stand has always been to co-habit with her even though she has deserted me. Another, issue is that she wnats me to seperate from my aged parents, even though I am the only son. Nowadays, even courts do understand the plight of senior citizens. Will court not understand that I being the only son have a responsibilty to my parents ? How can I abandon them in old age, for the sake of a whimsical wife. Proofs that I have include receipts that I have when I made deposits in her favour, telephone records that I made frequent calls to her home in order to convince her to return, train tickets that indicate the number of time that I travelled to her place to convince her to return, email records that indicate my willingness to keep her with me. In addition I also have some certificate copies that indicate wife is post graduate with a capabilty of earning well. What should I do ? How should I proceed ?



 7 Replies

Suchitra. S (Advocate)     11 October 2009

Alex Sir,

I suggest you to file a case of RCR against your wife. If they file  a maintenance case, then, court will decide the maintenance amount based on various factors like your income, her income, life styles custody of children etc.. If you can show them that she is self sufficient, then the courts will lessen the maintenance amount.

Sushant Singh (Private Service)     11 October 2009

Madam, in my RCR petition if I make it amply clear that I am ready to maintain wife with conditions if she is willing to co-habit with me does it help to influence the courts decision about maintainance? Then can she in cases file maintainance ?

If she does file for maintainance , wouldnt the court see my good intention of requesting her to co-habit with me (RCR) as a positive sign from the husband and mediate to send her back home.


Alex - suchitra is right Plus your conduct of mainting your wife and child in the manner narrated by you will be of assistance to you which will definetly be seen as a positive sign by the Court which will help you succeed in RCR at the same time weaken your wifes case for maintenance.

1 Like

Sushant Singh (Private Service)     11 October 2009

Thanks so much, you have both responded instantly. I strongly beleive its good lawyers like you who still keep our faith in the judicial system high. Thanks !!

Sir, in my case, I have requested & requested my wife to come & stay with me but she is hell bent on seperating me from my aged parents. My stand in all this is, I will take care of my wife & childs needs but at the same time being the only son, will not seperate from my parents who I cannot abandon at old age.

In my RCR I will mention the above points, also I will give proof of how I am still supporting my wife even after 3 years of she willfully staying at her parents house inspite of me requesting her to come back.

Sir, but I wanted to know, if I file RCR in Pune where I live, and this is the place where we co-habited last, can she get the RCR transfered to Bhopal ? In my petition when I have expressed my good intention, will the court order arbitary high maintainance ?

My father in law thinks I make 1 lac a month, which is not true since after expenses I just make around 40 K, also I have old aged parents and married sister to support. This sister is not emeployed and has 2 kids as well. Parents have a medical condition. Will they ask me to produce salary proofs instantly. I am working abroad. She will make an arbitarily high claim for maintainance on this basis.

Infact Sir, in recent threats and blackmails they have said that they will never give me divorce and torture me for life, neither come and stay with me in my residence. They fully realise that they have a golden goose in their hands and can keep extracting money at will, by maintainance every month.

Sir, worst comes to worst, if I say I am not working (by quitiing my overseas job) and also since I do not have any any property registered in my name. What if I refuse to pay execessive high maintainance order (say anything above 10 k), what will the court do ? I have heard from friends that they send you to jail (max term 1 month). Also, they can move to attach immovable properties, but if none belong to me what can be done to get me to comply (if I am unemployed).

Sir, I am so mentally harrassed by this people, thats the reason I am so cynical. These people are only extortionists who have cheated me & my parents.

Can anyone please, share the name of a good reliable lawyer from Bhopal ? please who can fight Maintainance Case & Child Visitation case.

Sushant Singh (Private Service)     11 October 2009

Menon Sir, Malayalee aano, can I talk to you directly ? Thanks & Best Regards, Alex


Malayalee aanu. You can talk. But in legal matters it is always better to take local assistance face to face with the advocate.  Talking advise on phone will not be in your interest as full facts will not be available to the adviser at the same time you may not be able to comprehend the advise.  If you still want to talk, I will give you the number by private message. Thanks

Kamal Grover (Advocate High Court Chandigarh M:09814110005     11 October 2009

Dont worry Mr.Alex,

She cannot claim from your parents property.

Further if you will file RCR and then she rejects and you proof that she is living seprately from the last three years without your consent then court can give you divorce immediately on this groud of desertion.


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