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kalyan (engineer)     09 November 2012

Maintenance

Me and my wife are seperated from August 2010. She went to her parents home for delivery and never came back. When she go to her home, my mother has given her 25000 rupees for her expenses in her mother home. Fro this amount we dont have a proof. In january 2011, I transfered 37000 rupees to her account via internet banking to keep her expenses in her mother home. In December 2011, i received a lawyer notice stating that we asked for money and treated her cruelly in the matrimonial home for dowry. They start to threat us that they will file a case in 498a. In August 2012, I filed for divorce on cruelty and desertion grounds. Now, my questions are:

1) From the day one, all her expenses were borne by me. Eventhough she did not return to matrimonial home after delivery, I have transferred money to her account by assuming 3000 rupees per month for her expenses. But i did not give a single penny after the lawyer notice and a threat from her. Is it a crime, not giving money to a wife who is not living in matrimonial home?

2) Because of some misunderstanding between me and my in-laws, I never visited their home after marriage. The same reason is specified in my reply notice given to her. Is it a crime not visiting her home and seeing the child after delivery?

3) Even after 1 year from her notice, she did not file any case against me and my family. I lost my respect in the society because of her non arrival to matrimonial home even 2 years after delivery. So, i filed DV. Is it a crime, filing DV based on a lawyer notice while file not filing any case against us?

4) In the court hearing, if she wants to join me back and i refuse, what will happen? Because everyone from my side is fearing now about her and her family.

5) Even, they did not ready to show me my child. My neighbours start to fabricate stories and she knows all these things. If I take her home back in this situation, i will lose all my family members. Can i say in the court, i am ready to take my child. but not my wife?



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 November 2012


Not visiting mother in law's house is not a crime. You file divorce petition before initiating any legal proceedings by your wife.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     09 November 2012

IT SEEMS THERE ARE NO DIFFERENCES BETWEEN YOU AND YOUR WIFE. DON'T GO FOR EXTREME STEP IN A HASTE. THINK ABOUT NEW BORN CHILD. GO FOR MEDIATION FIRST THEN THINK OF  FURTHER STEP.


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