Divorce
depressedbyall
(Querist) 01 September 2013
This query is : Resolved
1. wife deserted me past 2 years, should i go for rcr or apply directly for divorce
2. is there any law/bill passed that she will get 50% share in property if no then after how much time the law/bill may be passed
3. she is employed how can i get that proof so that i may not give her even sigle penny
4. looking for the most experienced / sr advocates/ honurable retired for my case
V R SHROFF
(Expert) 01 September 2013
First decide , u want ur wife back?? if yes, go for RCR
If No,: Go for Divorce as desertion grd+ cruelty.
Many alternatives to prove her employment.so no mtn.
Many alternatives to save your property too.
Take advise of your near and dear/ parents/ family members and
decide your Action Plan
Dr J C Vashista
(Expert) 01 September 2013
Best option is to persuade your wife to rejoin her matrimonial home/obligations in a dignified manner with all due mutual love and affection, respect and trust.
Second best option to file RCR which will have hardly any benefit for you i. e., if decreed in your favour Court cannot compel her to join.
Thirdly if both of you have decided to stay away it is advised to seek mutual consent divorce. Contact and engage local lawyer.
Regarding share in your property at the time of divorce, the bill is yet to be passed in Lok Sabha and get the ascent, which states the wife shall have a share, as decided by Court, in the property acquired by husband during subsistence of marriage.
Proof of employment of your wife is to be obtained by you.
Guest
(Expert) 01 September 2013
Agree with experts.
ajay sethi
(Expert) 01 September 2013
agree with experts
Rajendra K Goyal
(Expert) 01 September 2013
Well explained by the experts, nothing more to add.
depressedbyall
(Querist) 02 September 2013
mr shroff and Others experts, i am from miraroad shantinagar,
1. she doesnt wants to return under any condition
2. she insists to just sign on stamp paper without any court involovement for separation from her which is absolutely illegal in the eyes of law
3.what are my chances of winning case how should i start first should i return her streedhan then go for case as she doent want to go in the court at all for signing
4. or wait for court order to return her streedhan how strong willbe my case will i have to loose my property , will i be ordered to give her maintainance or lumpsum which i dont want to give at any conditions
5.what is my case in the eyes of hons judges.
6.have i gone mad in fighting for justics or should i wait for 7 years which will give automatic divorce.
please throw light on all of my questions
Devajyoti Barman
(Expert) 02 September 2013
You better get the paper signed from her and file a suit for divorce.
Waiting would yield nothing.
Dr J C Vashista
(Expert) 03 September 2013
Engage a local counsel/advocate.
Signinng a stamp paper shall be an eye-wash, meaningless and futile in the eyes of law.
Wininng and loosing the case depends upon number of factors and cannot be ascertained at this stage.
Streedhan has to be returned or compensated.
depressedbyall
(Querist) 29 June 2015
Dear experts I se t a legal notice to return back home and she replied that give me maintainance 25000 pm or I will file mental torture for dowru case on you .
My lawyers suggested to go for rcr in Mumbai
If your case gets transfer then you continue case by any advocate from bhuj gujrat
For 498a and 125crpc will I have to hire another advocate
And I have never asked for a single rupee dowry yaa her belongings are with me and I had told her to take away any time but she is not coming to take away her belongings and now finally threatening for dowry harassment case in police sir what should I do
