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venkat (na)     16 February 2010

desertion

Hello,

My wife deserted me for the last 2 years leaving me with the reason of pregnancy.
Iam in US and she is in india.
During the last 2 years i have been speaking with her to save my marriage.
Inbetween we had telehphonic conversation which she have recorded.
I have scolded her in one or two recordings as part to get her back.
Now she is threating me of false DV cases against me putting lot of false allegations against me.

Is the recording enough for the judge to put me in bars

Please help.

Incase if she asks for interim alomony how long is it valid.
For the last 9 months i dont have a job before which i used to get 1 lakh/month as salary.
( This was for just 1 year)
She is a job holder with around 8000 rs in india

How much is the alimony estimation/month.

Thanks

 



Learning

 12 Replies

Ajay kumar singh (Advocate)     16 February 2010

you should immediately file a case against your wife for restitution of conjugal rights. It will be a good solution of your probable problems.

Suchitra. S (Advocate)     16 February 2010

Yes, I agree with Ajay Sir. File a case for restitution of conjugal rights immediately.

venkat (na)     16 February 2010

iam worried she may start filing 498 or DV as my parents are in india.i want to avoid such things on my relatives.
I dont want to be a victim as iam innocent.
is there any alternative for RCR. like writing notorised letter something like that
Please share your views
Thanks

Hardik Mehta (Family Counsellor)     17 February 2010

Venkat,

Dont worry about 498a case, since DV case is more lethal than 498a case. In 498a case after the bail you are free. While DV can rip you off financially. I would suggest you to wait for some time before taking any action. If you want your wife back, then you can file the RCR otherwise you can file for the divorce case. If you are US citizen or green card holder, then call you parents. This will be much more useful to you to have some one with you in US/ Dont go begging to her for bringing her back.

venkat (na)     17 February 2010

Thankyou for all sharing your views.
This builds in me some confidence that i can fight and prove my innocence.

Hardik, last time when i spoke with her, she demanded 5 lakhs to join me.
This creates a doubt that she is more interested in money than to save marriage(like any other 498 victim).
Could you please point me to a link for DV and its implications.

How can i protect myself against DV if she files. does it afffect my parents and relative as well.
What proof can i show that iam innocent or what proofs she requires to file the DV against me.

Thanks for the help.

venkat (na)     18 February 2010

Could some one please expalin me scolding spouse count to DV.what should be its current implications  

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 February 2010

is your wife stayed with her in laws if no then your parents will be untouched. you file rcr at india not usa. by rcr you are requesting him to join matrimonial home at usa. have you admitted any cruelty to her over phone? you may also apply for anticipatory bail. but it will be too early.put rcr and see what is the result. sometimes with intention to resist rcr attack, wives put 498a or dv. another option is mutual divorce. for that you have to talk to her; a joint petition to be filed. do you want to see the laws? then i will send it as email or pm.

Hardik Mehta (Family Counsellor)     19 February 2010

Venkat,

Just record her demand and keep it safe with you. Try to collect the evidences by speaking to her and recording all the conversations. In US there are many recording devices available. This is the proofs that you can collect.

 

Your parents will be safe, since your wife is in her parents place. The demand is unjustifiable and in short she is telling to take the divorce. See if she actually means to come back, then the demands will not be put. Her non co-operation is going to be difficult in getting what you wanted. So you need to have patience. Just tell her (while recording) that the why should you give her money for joining. Ask her to justify. This is going to be the major proof for you. And dont worry about the false cases, there are ways and means to handle the same.

venkat (na)     02 March 2010

Should some one please guide roughly how much interim maintainance can be granted for a lady whos earning 7000/month from his parner(outside india) with 1.5 lakh/month
The job is the husband is not continous.

venkat (na)     04 March 2010

The wife is staying in india.could someone please guide me

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     05 March 2010

see sec 25 0f the hindu marriage act for guidence.

Hardik Mehta (Family Counsellor)     05 March 2010

Venkat,

Dont think of the amount at present. This can be negotiated and there is no such fix formala for alimony or maintenance. The husbands income should not be taken as the conversion factor of value of currency, but taken as the purchasing power parity PPP ( which can be your Income in US compared to Income in India) and the expenditure. Then your savings have to be divided by PPP and then third of the balance is roughly the maintenance. For Eg. Husband earns USD 3000 in US, which can be equivalent to 25000 INR if he was earning in India. So PPP is 25000/3000 = 8.33. The expenditure of husband is 2000, so the balance is USD 1000. Now this is equivalent to 8300 INR in savings and from that the Indian Equivalent. So out of this you need to give the maintenance.

 

NB: Economists calculate the PPP on basis of various factors and current PPP of US is around 12.


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