Varun (engineer) 27 October 2014

Need advice

She filed transfer petition in SC ( as i and she now live in different state) but I took case back based on her assurance that she will come back. Now SC will decide on TP. She has not taken her case back but I appeared in court and told that I will give some fixed amount. She said many time she do not want money but I do not know her intention apart from harrasing me to go to her city. She says many time she will come back but no concrete plan from her side. She has become very active on social networking site, chatting and start meeting her old male friend/college openly. She says she will meet , talk , chat whatever she want till its legal. But in relationship just legal thing is not suffice.Please advice me what to do.?

1. No or zero impact on my child.

2. if she is Ok to come then come quickly. If she do not want to come , I want MCD. But she said she will not leave me in any case till life.

3. I will not give no money till she ask politely and in amicable way ( not through court).

4. I want to settle all issue sooner as its mental torture.

Reply Follow

6 Replies

Adv. Chandrasekhar (Advocate) 27 October 2014

As her maintenance case is limited to child's maintenance and as it is responsibility of both, the court will direct you to pay the maintenance as it will fix depending upon the expenditure of the child and life style of mother and father and their income. You will have no option except to pay that. In respect of remaining questions, as the crux of the problem you have not revealed, it is difficult to give any legal opinion.

(Guest)

Originally posted by : Varun

I have 7 year old marriage and 3 year old son. My wife left me last year ( now has been 1.5 year). I and my family tried but no fruitful result. I filed RCR this year and reciprocally she filed mainiainence for son (also there her lawyer alleged me of many false allegation like phsical and mental abuse, dowry , not giving basic thing). her salary is 75k and my is 1.5 lakh per month.

She filed transfer petition in SC ( as i and she now live in different state) but I tooks case back based on her assurance that she will come back. Now SC will decide on TP. She has not taken her case back but I appeared in court and told that I will give some fixed amount. She said many time she do not want money but I do not know her intention apart from harrasing me to go to her city. She says many time she will come back but no concrete plan from her side. She has become very active on social networking site, chatting and start meeting her old male friend/college openly. She says she will meet , talk , chat whatever she want till its not legal. But in relationship just legal thing is not suffice.Please advice me what to do.? What i want in future?

1. No or zero impact on my child.
Your intentions are good, but they wont stand a chance given the situation. The child will be torn into pieces as time passes by, due to the cases you will be facing, namely the divorce case, maintenance petition, custody case, and the child visitation rights case. As your wife is earning, she will be denied maintenance, look for my previous posts where I have posted SC judgements and make use of it. You have to give bank statement, address of her employer, her latest 4 x 6 photo in case court wants to summon her employer or ask for call of records from her employer, to that effect.

2. if she is Ok to come then come quickly. If she do not want to come , I want MCD. But she said she will not leave me in any case till life.

Lure her with money, even a corpse will start dancing if you show it money, your wife is nothing, she too will agree for MCD, if you have the right bargaining skills and a hefty bank balance. However, if you are a miser, then the wife will not give you MCD< you will have to get divorce the harder way by contesting it, contested divorce takes minimum 7-8 years to get over.

3. I will not give no money till she ask politely and in amicable way ( not through court).
You may expect her to fall to your feet and ask for money, but she wont do it, its a dream, wake up. She will file all sorts of criminal cases and you will become old in court. However, you may orally tell this to judge, asking judge to ask wife to ask you politely, if the judge may listen to you.

4. I want to settle all issue sooner as its mental torture.

Righto. But its not a one man show, there is also a woman involved in here. Her consent is very much necessary to get this over with. SO, convince wife, ask her politely to give you divorce, for she may accept your words and agree to divorce you.

7 year old marriage and 3 year old kid out of wedlock, its advisable to take wife back, listen to her, lead happy marital life and save kids future. In short, for sake of kid do adjust with wife and lead happy marital life. All the best.

Varun (engineer) 27 October 2014

Thanks sir for advice...

1. Income of mother is 75K and father 1.5 lakh before tax. No liablity of family,loan on either side.

2. Child expediture is approx 12-14K given fact that child lives in day care. she demanded 1/3 of my salary.

3. Problem is ego , financial independance of lady and being extra social particularly with male. From her prospective , problem is ego and boy parents (with whom she never lived). She wants property , gold from parent and live as nuclear family which boy and parent do not want and denied clearly.

Varun (engineer) 27 October 2014

Originally posted by : Helping Hand !
	Originally posted by : Varun I have 7 year old marriage and 3 year old son. My wife left me last year ( now has been 1.5 year). I and my family tried but no fruitful result. I filed RCR this year and reciprocally she filed mainiainence for son (also there her lawyer alleged me of many false allegation like phsical and mental abuse, dowry , not giving basic thing). her salary is 75k and my is 1.5 lakh per month. She filed transfer petition in SC ( as i and she now live in different state) but I tooks case back based on her assurance that she will come back. Now SC will decide on TP. She has not taken her case back but I appeared in court and told that I will give some fixed amount. She said many time she do not want money but I do not know her intention apart from harrasing me to go to her city. She says many time she will come back but no concrete plan from her side. She has become very active on social networking site, chatting and start meeting her old male friend/college openly. She says she will meet , talk , chat whatever she want till its not legal. But in relationship just legal thing is not suffice.Please advice me what to do.? What i want in future? 1. No or zero impact on my child. Your intentions are good, but they wont stand a chance given the situation. The child will be torn into pieces as time passes by, due to the cases you will be facing, namely the divorce case, maintenance petition, custody case, and the child visitation rights case. As your wife is earning, she will be denied maintenance, look for my previous posts where I have posted SC judgements and make use of it. You have to give bank statement, address of her employer, her latest 4 x 6 photo in case court wants to summon her employer or ask for call of records from her employer, to that effect. 2. if she is Ok to come then come quickly. If she do not want to come , I want MCD. But she said she will not leave me in any case till life. Lure her with money, even a corpse will start dancing if you show it money, your wife is nothing, she too will agree for MCD, if you have the right bargaining skills and a hefty bank balance. However, if you are a miser, then the wife will not give you MCD< you will have to get divorce the harder way by contesting it, contested divorce takes minimum 7-8 years to get over. 3. I will not give no money till she ask politely and in amicable way ( not through court). You may expect her to fall to your feet and ask for money, but she wont do it, its a dream, wake up. She will file all sorts of criminal cases and you will become old in court. However, you may orally tell this to judge, asking judge to ask wife to ask you politely, if the judge may listen to you. 4. I want to settle all issue sooner as its mental torture. Righto. But its not a one man show, there is also a woman involved in here. Her consent is very much necessary to get this over with. SO, convince wife, ask her politely to give you divorce, for she may accept your words and agree to divorce you. 7 year old marriage and 3 year old kid out of wedlock, its advisable to take wife back, listen to her, lead happy marital life and save kids future. In short, for sake of kid do adjust with wife and lead happy marital life. All the best.

Thanks a lot for wondeful advice (right mixture of legal and family member). I agree with all point expect one that how to live with me lady who is over friendly with other and all in secret. I can not find all truth what going on till i live with her. I do not have any evidence of adultary but its cruelity for me. How I can procced on this. Sir what can be maintaince for child given my facts? Thanks a lot.

(Guest)

Yes, its quite obvious that you dont stand the sight of your wife getting cozy with other men. This should be understood by your wife, and she should stop that. Right away. But pardon me when I say this, some women are of loose character and you cant do anything about it. Such women will talk about being modern etc, but basically they are of loose character, even after being told dont do that, they end up behaving in such a way. Its not 100% fault of wife to behave that way, but today's working women need to behave freely with men in work place, nothing absolutely wrong with it, but there needs to be a line drawn. Cant blame the butcher if goat dances before him. So the fault is of your wife. If put properly on paper can be used to term it as mental cruelty.

Maintenance is 1/3rd of take home income. Both have to contribute equally toward maintenance of kid. Do the math yourself.

To prove adultery, need photographs, videos, hire a private detective ASAP.

She will dance until she has energy. You will roam to court until you have energy. That is what will happen with egoistic people. You both will lose money, energy, and above all time. Arrange money for one time settlement to get MCD, bargain a price for your freedom, you will be free in 6 months time.

1 Like

Varun (engineer) 29 October 2014

Originally posted by : Helping Hand !
	Yes, its quite obvious that you dont stand the sight of your wife getting cozy with other men. This should be understood by your wife, and she should stop that. Right away. But pardon me when I say this, some women are of loose character and you cant do anything about it. Such women will talk about being modern etc, but basically they are of loose character, even after being told dont do that, they end up behaving in such a way. Its not 100% fault of wife to behave that way, but today's working women need to behave freely with men in work place, nothing absolutely wrong with it, but there needs to be a line drawn. Cant blame the butcher if goat dances before him. So the fault is of your wife. If put properly on paper can be used to term it as mental cruelty. Maintenance is 1/3rd of take home income. Both have to contribute equally toward maintenance of kid. Do the math yourself. Varun>> Sir , but child expediture is just 14K where will be rest of money depostited. To prove adultery, need photographs, videos, hire a private detective ASAP. She will dance until she has energy. You will roam to court until you have energy. That is what will happen with egoistic people. You both will lose money, energy, and above all time. Arrange money for one time settlement to get MCD, bargain a price for your freedom, you will be free in 6 months time.