flowerpoo (my desig) 21 May 2012

Rcr/divorce

Hi,

Urgent help. I am briefing my issue here

I am married for 5 years and in these 5 years my husband hardly stayed with me and left me all alone in US many times..and I managed my life with job..and last 1 year no communication at all..no emails, phone calls and I thought my life was completely ended..so I bought one land using my savings thinking about my future...but one fine day (2 months back), I received a legal notice from his lawyer saying he wants to live with me...so believing his words I went to his place shifting my work place...after going to hiss place...he asked me to put my salary in a joint account which i little hesitated to put because of my past experience with him. I told him clearly that I dont mind putting my salary in joint account but before I need to get some trust on you...coz you left me many times alone in US even for simple reason or fight...so what is the guarantee tha tyou will not leave again and i wil be without any money...so build a trust and based on that I have my salary in the joint account...

he is also very adamant saying that only if i put salary he will plan for kids otherwise no..he is in 37 and I am in 30 and also he made me to live in a separate room....today i just happened to listen the conversation between him and his brother over phone..looks like they are planning to approach court to bring all my savings out and my property..

my Q is...is it possible for husband to approach court and take all my salary and savings? He was saying as per hindu marriage law..after marriage wife has to give salary to husband since last 5 years i didnt give my salary and invested for my future ( thinking he will no come back)...my husband and his brohter is trying to take all my money...please advice..how they can take my savings or salary through court...even he never shared or gave his salary in these 5 years...atleast i have shared all the investment details to his brother through email but when i asked my hsuban what he did his 5 years salary..he was not ready to share the details with me..my husband brother is so cunning in taking my money ...and my hsuband is listening to him..so now they are planning to approach court...

pls advice

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8 Replies

Adv. Chandrasekhar (Advocate) 21 May 2012

I suppose you are in India. No Indian court can give husband and his brother to take away your money. No law is there that wife has to give her earnings to a deserted husband. So rest assured. As an abundant precaution, open a fresh bank account and withdraw the amount from the current bank account and deposit it same to the new account, so that no one knows about your savings.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 May 2012

Dear Querist,

They are just trying to arm-twist you, there is no such law in India, on the contrary some legislations are on the cards which would mandate him to share his property whether acquired before or after marriage, with you in case marriage reaches a stage of seperation. No cause for worry.

Feel free to talk !

ADVOCATE Prem Joshi (Advocate/ Legal Consultant) 21 May 2012

noting to say...

flowerpoo (my desig) 21 May 2012

Thanks everyone...

I am in US with my husband but not in a talking terms..I came here before 3 weeks believing his legal notice but after coming here..he asked my salary to put in a joint before start a life as husband and wife..I refused it since I aked him to give sometime so he separated me and we both are living as 2 roomates in the same house..

Can my husband or his brother file a case just for my salary that as per hindu law i didnt my salary in last 5 years and get divorce from me? I still dont understand their motive...they sent legal notice for rcr but after coming to my husband place.he is not talking to me or eating my foods...I am confused now..i donno what they want.if they need divorce then why send legal notice thru lawyer and if they really want me to live with my husband then why he is not lviing...( as told above..living as a 2 roomates..no talk..no common cooking)

Are they planning anything big? pls advise

Adv. Chandrasekhar (Advocate) 21 May 2012

in addition to what I said earlier, your husband does not have any valid ground to get divorce from you and indian courts will not grant divorce to him. so, he is filing rcr to achieve dual things - (1) if he gets rcr decree, he will wait one more year and file divorce decree on the ground that you have not complied with rcr decree. (2) in rcr petition, he says you volluntarily abandoned him and that is why you are not entitled to any maintenance. In the meantime, as adv. chugh opined that he wants to extract as much amount as possible (taking away your salary by extortion) before final discard takes place. engage a good advocate to protect your interests.

flowerpoo (my desig) 21 May 2012

Hello Chandu,

Appreciate your reply. As said in my above response...I came to my husband place after his lawyer notice ( as per notice he wants to live with me) and now we are staying together in the same house but without any communication ie) we are not taling to each other and he don't food that I cook...just like a 2 different roomates. So I am not sure if can approach for RCR since I am already living with him

At this point, what they can do to me? What I heard from my husband and his brother conversation is..they are trying to take my 5 years savings and property that I bought..can they do like this? Is there any law that as per hindu marriage, I have to give my salary to him...and if future if i say i want to give my salary separately...is it a ground for divorce or can court order me to give my salary to husband?

Adv. Chandrasekhar (Advocate) 22 May 2012

Originally posted by :flowerpoo

they are trying to take my 5 years savings and property that I bought..can they do like this?

Legally they cannot do this.

Is there any law that as per hindu marriage, I have to give my salary to him...

No such law is there.

and if future if i say i want to give my salary separately...is it a ground for divorce or can court order me to give my salary to husband?

Your refusal to give your salaray is not a ground for divorce. If both have amicable attitude, then the dispute about sharing of expendirue and work does not arise. when differences are there, then this issue shall be resolved within the framework of law. If you and your husband, both are working, it is quite natural that the household expenses will be shared equally by both of you, subject to sharing of household work equally. If you work outside and earn your salary and come back to home and do all the household work, then you need not require to give your salary. Your refusal to surrender your salary and your property, cannot be a ground for divorce.