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Rajat   14 March 2016

Please advice

Hello Forum Members,

I am in deep mess now and need some serious advise. My wife has decided to separate from me and she has been constantly changing the reasons. She has been asking me to leave her constantly and has said that she will go to women cell, call police and will say that she is a sufferer of DV. 10 days ago, I went to my brother's home in the same area where we reside so as to give time. But, once I left, she has really become rude and again, has been changing her statement. Sometime to file mutual divorce, sometime MoU and so on. Today, I came back to my home and she was pissed off. She wants to leave independent life, persue her career in music and she not at wants to live with my old parents who are residing in my hometown. My wife is a house wife and is not much educated. Now that I have come home, she is not talking to me neither is preparing food for me, absolutely nothing. She has denied any relationship as husband and wife. We have a 4.5 years old daughter and she has been doing her brain wash against me in my abcence. Can someone please give me legal advise on the below points?

1. Since I am home now, what if she calls the police and says that I am doing DV?

2. I was planning to bring my old parents to my home and was planning to shift my home next month to a better locality where my relatives are living. I am pretty sure and she has said too that she will not shift along with me. I have already given the notice to my landlord on house leaving and she, in my absence, has confirmed landlord that she wll continue in the same house. What should I do on the day of sh*ting my home when she will deny coming with me. She has close talking terms with the landlord as well.

3. She has threaten me that she will go to court and will ask for some bif ammount in lakhs. I don't have any property neither I have bank balance. If the court will pass permanent alimony to her, how am I suppose to pay lakhs when I don't have such amount? What should I do? The only way I see to this is to comit suicide because I don't have lakhs with me. I can pay monthly maintenance from my salary but I have have big amount to pay as one time settlement.

4. I really love her and want her to understand that doing this will ruin the life of our daughter. But, she is not ready to listen. I have been sending her whatsapp messages on whatsapp expressing my love and affection but she has clearly said No. She has been doing these from a month now. From past 6-7 months, she has not been giving me proper food, has not been washing the clothes properly, nothing. I am ok with that but now, everything has been stopped. She wised to get admission in music class, I did that, have never stopped from from doing anything. The only point where we had verbal clash and I became angry was on the fact that she doesn't like to be reserve and maintain distance from others.


Please help me with the above points, please.


 4 Replies

Rajat   14 March 2016

Respected Members,

sorry for the long note above, please help me with the legal advise.

harrassed   14 March 2016

Hi Rajat,

I'm not a lawyer on the first hand. From reading your experience, I understand that there is a potential of 498A , DV, etc in future. Since you wanted to continue your marriage believe that things can be sorted out and keep cool. I would suggest you to go for some marital counselling. Also, as a couple, take a break from regular schedule. Go out for a short vacation and make her understand your views and listen to her as well. 

Good luck!!

Rajat   14 March 2016

Thanks as lot for the reply, much appriciated!

Can there be 498A? we have been living from 10 years now and she is not ready to go to couselling...she is even not talking. I can't forced her obvoiusly.

Dear Members, please advise on the legal aspect of the above points.

Gaurav Saxena   14 March 2016

My father has filed a maintenance case against me under the Maintenance and welfare of parents and senior citizens act, 2007. He has got an order to get Rs.2000/- per month. My father has a two floor house worth Rs.25 lakh on his name, which he bought on my savings. Now at this time there are 04 renter in the house @ Rs 1000 per head. I am a Paramilitary Forces personnel and my income is Rs.54000/- per month. My father harasses me by filing RTI-2005 (04 times) and baseless complaint (01 time) against me to my Sr. Officers. Besides this, I have also provided him with various medical facilities and operations time to time as per requirements. How can I renounce my inheritance of any of my father’s properties like flat or any ancestral property; so that the maintenance case against me can be null and void ? Or any other way to have the case revoked.

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