Wife and Husband are s/w engineers. So the compensation/maintenance still apply?
Querist :
Anonymous
(Querist) 11 July 2011
This query is : Resolved
We both are software engineers in Hyderabad.
Actually speaking, she never co-operated in any way in my 1 year of marriage life and one mid-night I couldnt tolerate her admanent answers and we physcially fought each other equally. No one from my family or relatives stays with me as we are newly married, So no one harassed her in real.
On that night, after the fight, she went to her parents house. She kept a complaint with false allegations on me, on my parents and on my relatives that too after 2 months from the day she left my flat.
God only knows that she is not harassed by anyone in my family and she misunderstood/suspected me from day 1 of the marriage. Their parents made all these chaos and ruined my marital life which she couldnt realize still.
Now we were waiting for the charge sheet from the police. Still 30 days more to go for the charge sheet.
To fight with this case, We do not have enough proofs except a cross-examination by a good lawyer.
I have 50-50 mind. whether to go for RCR or Divorce or to keep quiet?
1) RCR
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if i file RCR, then It means iam admitting all her false allegations in one way.
If i file RCR, then there is no garantee that we can live happily with out any issues/cases again in the rest of life.
2) Divorce
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If i wanted to file a divorce on her with her own false 498a allegations, what kind of things should i take care of?
a. As we both are private employees do i still need to compensate or give maintenance?
b. I have a flat on my name 3 years prior to my marriage and it is taken by aid of housing loan for another 18 years term. So how it is affected?
c. I have only one bank account from 7 years with sufficient funds. Do i need to do anything on this to transfer to some one else on whom i rely?
d. Do they affect my mother's property also?
Need your precious suggestions on this.
prabhakar singh
(Expert) 12 July 2011
NONE OF THE THREE RCR or Divorce or to keep quiet IS GOING TO ASSIST YOU TOO MUCH. SO IF YOU DESIRE TO CARRY ON YOUR MATRIMONIAL RELATION, BETTER BOW DOWN AND MANAGE TO TAKE HER TO A MATRIMONIAL COUNSELOR TO FIND OUT HER REAL COMPLAINT.
ONLY AFTER THIS EFFORT TAKE ANY OTHER STEP,COURT PROCEEDINGS ARE NOT THE FIRST STEP TO BE TAKEN IN ANY MATTER OF DISPUTE.
ABOUT1) RCR YOU ALREADY HAVE A VIEW WHICH IS CORRECT FOR SPECULATION AS FUTURE EVENTS CAN NOT BE PREDICTED.IF A SPOUSE DOES NOT WISH TO CONJUGATE .A COURT DECREE CAN NOT PRACTICALLY BE OF ANY HELP,IS MY OPINION.
ABOUT2)Divorce
a. As we both are private employees do i still need to compensate or give maintenance?
maintenance?DEPENDS ON HUSBANDS' STATUS IF HER PAY IS AT PAR WITH YOU,SHE MAY NOT GET.
AS AN OBJECTOR YOU WILL HAVE TO SHOW THE COURT THAT 'HER MEANS SUFFICIENTLY MAKES HER ABLE TO MAINTAIN HERSELF'.
b. I have a flat on my name 3 years prior to my marriage and it is taken by aid of housing loan for another 18 years term. So how it is affected?
ITS TITLE IS NOT AFFECTED ANY WAY AND ITS EMI IS HELPFUL TO SHOW THAT YOUR INCOME IS BURDENED TO DISCHARGE THIS LOAN LIVING VERY LITTLE AS SURPLUS TO EXPEND.
c. I have only one bank account from 7 years with sufficient funds. Do i need to do anything on this to transfer to some one else on whom i rely?
IT IS VERY DELICATE AND PERSONAL ISSUE.ANY TRANSFER WILL ATTRACT SEVERAL PROVISIONS OF TAX LAW AND SO MANY COMPLICATIONS IN ITS TO AND FRO FROM YOU TO OTHER AND THEN FROM HIM TO YOU.BETTER AVOID IT THAT WAY.
d. Do they affect my mother's property also?
NO,NOT AT ALL.
Querist :
Anonymous
(Querist) 12 July 2011
A Very wonderful answering to my Questions. Its crystal clear. Thaanks a lot Prabhakar ji.
Querist :
Anonymous
(Querist) 12 July 2011
"NONE OF THE THREE RCR or Divorce or to keep quiet IS GOING TO ASSIST YOU TOO MUCH. SO IF YOU DESIRE TO CARRY ON YOUR MATRIMONIAL RELATION, BETTER BOW DOWN AND MANAGE TO TAKE HER TO A MATRIMONIAL COUNSELOR TO FIND OUT HER REAL COMPLAINT.
ONLY AFTER THIS EFFORT TAKE ANY OTHER STEP,COURT PROCEEDINGS ARE NOT THE FIRST STEP TO BE TAKEN IN ANY MATTER OF DISPUTE."
I knew her real complaint. we fought each other on one night, i.e., 2 months prior to filing of case. The reason for the fight is
1. She always come home late in the night after working for nearly 16 hrs in the office. If ask she will answer adamantly.
2. She never shown much interest to sexual pleasure in this 1 year of marriage life.
3. She never co-operated and never undstood when i was in emergency of money even though she is also working in a gaint s/w company.
4. she never stayed and talked to me like a wife.
etc etc made me impatient on one fine night and lead to physical fight.
After 1 week of fight I went to her house (her parents residence) and requested her to come back and restitute our conjugal things eventhough i am not really wrong in anyway. I was very honest and very loyal to my wife so far.
Adding to this fight matter, she found all my chattings and emails and photos of my frends pics in my desktop.
So she along with the parents contacted the women cell related higher official and kept a 498a case on me dragging every innocent individual of my side into trouble which is a real mental harassment to us.
She is adamant, irresponsive, and non-coperative and her parents are more than that of her.
She is very much influenced by her parents who actually ruined my marital life. They never accepted for any councelling/mediation. They wanted to see in the court of law even though they kept lot of false allegations in the complaint.
But what ever has to happen is happened.
After all this evil things, how can I and my family still hope good from her?
Everyone is thinking that "If she is not interested in me she can come forward and ask for DIVORCE in front of both side elders' group rather than going to court and police."
Querist :
Anonymous
(Querist) 25 July 2011
prabhakar saab,
1)
As far as I knew she listens to her parents and so they are collectively not interested to acccept me anymore.
but how to send a legal notification to her about asking for conjugate or mutual contest on divorce (just to know her mind/idea)?
Sorry if its a irritative question to you but i request you to throw some suggestion on it.
2) If I immediately filed a divorce she will not aggree for it.
3) If she resigns to her job after the filing the 498a case then also should i compensate or give maintenance to her?
Please comment
