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Karan (Accounts)     26 October 2014

Wife left and want to live separately

Hi!, I married on May, 2013, during these odd 18 months my wife left the home more than 5 times with little issue and opt to stay around 10 months at her parents home. This time too she left with little quarrel with me before 4 months. Our family and elder have try to reconcile but her parents not even ready to discuss the matter, we with our elder went to her home to reconcile but her parents has not allowed us to enter and sent us with insulting. She has started doing job at her parents home on her own. last time she when she left at that time they were not responding and taking calls so i had sent requesting letter to her come back. and in turn she threaten me that she will lodge dowry and DV case.

What are the pros and cons of filing RCR?

Is she eligible for maintenance, even she is working and earning 10K p/mnth?

What if she file false DV and 498A and how to defend wrong case?

I have one property with jointly held with my brother and have 80% Loan on that. can she claim share?

Please advice what step i have to take for contested divorce.


 9 Replies

Tajobsindia (Senior Partner )     26 October 2014

@ Author,

1. RCR by husband shows his reconciling efforts. If he wins it then using limitation period in an year time he can convert it into seeking divorce. With RCR decree in hand wife is not allowed maintenance (alimony). When RCR filed wife seeks maintenance under the same Act or under S. 125 CrPC and the moment she is awarded maintenance she can just file an application for divorce and she gets divorce based on being already awarded interim maintenance under Hindu Laws. 

For maintenance one has to bring to notice of Court her education, income earning status and press for no interim maintenance to working wife. This happens if basic evidences are put forward and mere stating orally does not help quite often. See where you stand in collecting evidence of her income? 

When you come to a bridge someone in the forum will teach you how to cross it. Hypothetical questions are unlimited in minds of queriests, bring alleged facts first to our knowledge as and when they happen then let us cross the bridge and not before that as advice will be lost in confusions. If this is not helpful then read last 500 discussions in Criminal Law Forum to self understand how to cross the bridge. 

No, she has no right in your and your brother’s jointly owned property unless she made single or few payments (EMI’s).

First find an advocate via reference, Sit in h/er Chamber and discuss in person past till present and then allow him to guide you ‘ground’ for divorce and then allow him to file a suit matter for seeking divorce, then get permission of Court for Notice issue and then serve the Notice upon her, then if she files her statement then case has come to ‘contest’ stage as we say and not NOW is my view unless previous long explanation ever happened. Alrernate is to read last 250 discussions on divorce facts in Family Law forum where discussions on contesting divorce cases were given which can come as pointer to know how to ‘contest’ a divorce case if my reply didnot suit your immediate early purposes.  


[Last reply]

1 Like

498A-filed (Advisor)     26 October 2014

When wife threatens to file false 498a and other cases, the time has come to initiate a criminal case on her and her family.


I know you will be advised not to do so and you and your family will end up paying the price of your innocence.

Karan (Accounts)     26 October 2014

What kind of criminal case can i initiate? What i needs to produce?

yember (law)     26 October 2014

Wife leaving without permission of husband amounts to reneging from matrimonial obligations. Such incident definitely needs to be reported for future reference and record not for registration of FIR. File for restitution of conjugational rights i.e. to join the matrimonial home.
regards Lalit : Delhi:: 9311145577

Karan (Accounts)     26 October 2014

I have voice recording in which she had confronted that she left on her own. And against my wish. Even inspite we have try to reconciled and went to bring her back. she is educated and earning on her own. If i case i have to provide her maintenance then i think i only finance her to fought legal war against me. And they will obvious drag the case if i finance then. Suggest way that i dont have to pay them any amount of maintenance. Since they are not ready to reconcile and rejoin peacful life. I wish let them suffer mentally and finacially.

498 A fighter (Advocate)     27 October 2014

first file RCR immediately,

change your address after filing RCR or dont stay on your place as she will send notices , papers, false cases

after filing RCR dont meet her without knowlegedof police or court as she may blame that you demand dowry and beat her.... in short she do all to file false cases so be careful till RCR decide in your favor then you are free bird

in mean time apprach to your police station make friend to some police constable by offering then tea etc only,

give application to SP,DGP etc that you may be falsely implicated in false cases by In laws and wife...

rest will quide to you by your lawyer

best luck... if all is not well then surely you are going to become next victim of 498a then you come here for 498a fir/quash/ discharge and counter cases query......................


It all appears like childs play.  She has left already 5times and this time it appears that she wont come back.

Legal notice should be in order.

Send notice ASAP.

A mention of recording need to be put in divorce petition and later submitted to court in evidence stage.

It also appears that the environment in your house is not of condusive one, why does the wife leave every now and then, have you tried to understand?  If she wanted a separate accomodation, then you should be providing her such and also shift along with her to new place.  My advice to you would be, arrange for seperate accomodation and send notice to wife asking her to rejoin with you at new place.  When she denies coming back to you, based on that you will win RCR and can subsequently ask for divorce based on desertion.  Thats the way you file  a divorce case which will be favorable to you.  As your wife has not filed any false cases, its best advised to bring her back as explained above, or by pursuing talk with her and not with her parents.  


You need not pay her maintenance as she is working woman.  You will have to pay one time litigation expenses to her.  And such litigation expenses cannot be asked time and again as per her convinience.


Make use of judgements.

Here is the link.  Alimony judgments - here



All the best.

498A-filed (Advisor)     27 October 2014

File criminal case against her. 


You will be misguided to file RCR or to file information petition. But these things will not help you if your wife decides to destroy your family.

great india (manager)     27 October 2014

Helping hand has adviced aptly.... Arrange alternate accommodation and ask her to join..... Make rental agreement for new accommodation and ask.her to pay half the rent if she wishes a sperate lavish life.....

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