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Subhomoy Das (Retail Manager)     27 July 2011

Wife

THIS IS A SERIOUS MATTER .  I NEED HELP.


MY WIFE IS STAYING IN A SEMI GOVT SCHOOL HOSTEL WHERE SHE IS WORKING. HER SCHOOL IS NEAR HER PARENTS HOUSE BUT AS THE SCHOOL IS A RESIDENTIAL SHE HAVE TO STAY IN THE HOSTEL.  SHE GAVE BIRTH TO A BABY WHO IS 3 MONTH OLD. SHE IS NOT WILLING TO RETURN TO MY HOME. I HAVE SENT LETTERS, SMSs AND PHONE. BUT SHE IS NOT READY TO RETURN. SHE JOINED THE SERVICE DURING HER PREGNANCY PERIOD WITHOUT INFORMING OR DISCUSSING WITH ME.  NOW SHE IS GIVING ME CERTAIN TERMS AND CONDITIONS TO RETURN TO MY HOUSE.  THAT I HAVE TO STAY SEPARATELY , LEAVING MY 72 YRS OLD WIDOW MOTHER. BECAUSE SHE IS SAYING THAT SHE IS HAVING ADJUSTMENT PROBLEM WITH MY MOTHER-IN-LAW.  THAT I HAVE TO GIVE MY FULL (IF NOT FULL ATLEAST 85%) OF MY SALARY TO HER EVERY MONTH AND OTHER TERMS AND CONDITIONS ALSO. ETC ETC.  UNDER THESE TERMS AND CONDITIONS IF I DONT AGREE THEN SHE WILL NOT RETURN. SHE IS NOT READY FOR MUTUAL DIVORCE CONSENT. SHE WILL NOT GIVE ME DIVORCE AS WELL. IF I WANT DIVORCE THEN I HAVE TO FILE FOR DIVORCE. SHE IS SAYING THAT SHE IS DOING FAVOUR ON TO ME BY NOT  FILING  ANY MAINTENANCE CASE AS YET.

IF I FILE RCR WHAT WILL HAPPEN. IF SHE REFUSES RCR THEN WHAT WILL HAPPEN TO HER. SHE IS THREATENING ME THAT SHE CAN CLAIM MAINTENANCE FROM ME BY LEAVING HER GOVT SERVICE WHILE THE CASE WILL BE CONTESTED IN THE COURT.  I`M WORRIED FOR THE BABY FOR NO FAULT OF HIS. I`M NOT WORRIED ABOUT MYSELF NOR ABOUT MY WIFE. HOW CAN I LEAVE MY WIDOW MOTHER? WHY THESE WIVES LOST THE HUMANITY. CANT THE MAHILA COMMISSION COUNCEL THE WIVES OVER MEDIA. AT TIMES I FEEL COMMITTING SUICIDE.

PLEASE HELP.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 July 2011

Your problem requires good conciliation.  Try to convince her regarding your old agred mother. If you lived seperately leaving your mother, let her think what would happen to the old aged mother.

If you filed RCR nothing will nappen because it is non execuatable order.

And let her think about the future of the baby, who is suffering for its no fault.

Subhomoy Das (Retail Manager)     27 July 2011

Adv Rajeev :  IF I FILE FOR RCR AND JUDGE ORDER FOR ME AND THEN ALSO IF MY WIFE DOESNT WANT TO RETURN TO MY HOUSE OR STICK TO THE TERMS AND CONDITIONS THAT I HAVE TO LEAVE MY WIDOW MOTHER SEPARATELY THEN WILL IT NOT BE A GROUND FOR ME TO GET DIVORECE ON GROUNDS OF DESERTION AND CRUELTY.  BECAUSE MY WIFE WILL NOT GIVE ME DIVORCE OR GO FOR MUTUAL CONSENT. ITS OBVIOUS THAT DURING RCR CONTEST MY WIFE WILL GIVE FALSE ALLEGATIONS AGAINST MY MOTHER SO THAT SHE DONT HAVE TO STAY WITH HER.  IF I GET DIVORCE ORDER ON GROUNDS OF DESERTION AND CRUELTY THEN SHALL I BE BOUND TO PAY MAINTENANCE TO MY WIFE AND BABY.  MY WIFE IS PRESENTLY WORKING IN GOVT SCHOOL. SHE IS THREATENING ME THAT IF SHE CLAIMS MAINTENANCE SHE WILL QUIT HER JOB URING TRIAL.  SHE IS POST GRADUATE IN SCIENCE AND B.Ed HOLDER. AS FAR I KNOW NOWADAYS COURT DOESNT GRANT MAINTENANCE EASILY TO WIVES SPECIALLY THOSE WHO ARE EDUCATED AND CAPABLE OF MAINTAINING THEMSELVES. DUE TO RAPID MISUSE OF 498A AND CrPC 125 COURT NOW A DAYS DOESNT ORDER MAINTENANCE EASILY IN FAVOUR OF WIVES BECAUSE THESE WIVES USE CRPC 125 AS A WEAPON TO EXTRACT MONEY.  MY WIFE IS EARNING Rs. 15000 P.M. AS SALARY. HER LODING AND FOODING IS FREE. MY SALARY IS 13550/- P.M. I DONT HAVE BONUS, PF ETC. I`M WORKING PURELY IN A PVT SECTOR. IF I REQUIRED TO PAY MAINTENANCE AS ON DATE THEN WHAT WILL BE THE MINIMUM AMOUNT. I HAD MY OWN HOUSE WHERE I`M STAYING.

PLEASE HELP.


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