Subhomoy Das (Retail Manager) 28 July 2011

Wife

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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3 Replies

Saurabh..V (Law Consultant) 28 July 2011

@Author

See my replies below:

Q1.) 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.

A1.) Yes. Leaving spouse away from matrimonial home or turning out a spouse out of matrimonial home with mental or physical force is cruelity. Also if one of the spouse goes away from another without any reasobale cause is desertion.

Q2. IF I GET DIVORCE ORDER ON GROUNDS OF DESERTION AND CRUELTY THEN SHALL I BE BOUND TO PAY MAINTENANCE TO MY WIFE AND BABY.

A2.) She is not entitled for maintenance but your baby would be entitled. You should seek your child's cutody after the child attains 5yr of age on various grounds which you should consult with your advocate. Additionally if your wife intentionally quits her job, then you should acquire all documents in this regard that where she is working presently and how much is she earning. Also gather proof that she intentionally left her high earning job (as compared to your salary) to harass you and extort money from you.

Please make sure your claim about your salary are true and she cannot find any contrary data about our salary of income because if she does then the judge may get tilted towards her.

But you have a very strong case. So don't worry just fight hard. Collect evidence and be assured to be free very soon from the traps of a crook female and her greedy family.

//peace

/Saurabh..V

Saurabh..V (Law Consultant) 28 July 2011

To such complainants (wives) I only feel pity of them because after filing such cases, they can never get a respectful family. They can only play wicked tricks to marry again as no decent family would take any such female as their daughter-in-law. Reasons are pertinent !!

//peace

/Saurabh..V

2 Like

Mentally Depressed (will tell you later) 28 July 2011

Sir,

If she is not wilffuly join you despite of court order then the court favors on the ground of cruelty and desrtion and she will not entitle for mainatance as fault lies on her side

But you have give money for your child

It is quite depressing as child has no fault