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How to leave with my wife/divorce

(Querist) 05 November 2012 This query is : Resolved 
Dear All
Me and my wife was stayed with my father`s home after married for up to 3Years with my son ,as my wife is Employed so i shifter my house for rent near by her parents home for her to reduce the traveling time to office from 3hrs to 1/2hr. we leaved in the rent house for more then one year but due to some missunderstanding happened to me,my wife and my fatherinlaw i was not intrested to stay in the rented house and refused to go to rent house also and i continued leave with my parents home itself later on month passed by on onday i vacated my rented home with all my belongings but my wife is not comming to leave with me in her matrimonial home .
MY Q are?
1)what kind of case can be failed against her by Indian law
2)If i go for Divorece what are the steps to be taken as she is leaving with her parents for more than 8-months and she is refuced to come and leave with me and her plan to go for another rent house near by her office.
3)If I go for Divorce did i had to give maintenance for my wife and to my children.
4)She is getting good salary as 6laksh per annan but she took 4 to 5 life time policy recently for more than 3lakhs per annam can i able to cancel that life time policy as per law since my wife is asking me to take care of all the policies then only she can able to leave the job and leave with me
5)i am getting the same salary as my wife but i have to pay a lone amount of 15k per months , can i also take life time policy as the same as my wife did ?
Please answer my Q
thanks a lot in advance
Devajyoti Barman (Expert) 06 November 2012
1. Restitution of conjugal rights if you want her back, else divorce suit.
2.Nothing simply file the suit.
3. Yes surely but not for your wife.
4.not clear
5.yes
srini (Querist) 06 November 2012
Dear Devajyoti/all
My 4Q was that my wife is also getting salary of 6lakhs per annam but she had recently taken some life time saving policies like LIC , Tata premium gold,SBI premium etc.. up to 3lakhs per annum her idea no one can ask her to quit from job if she come and leave with me my salary had to spend for family expenditure and her salary can be saved
4Q- if i applied for divorce dose she can produce all her saving in court and she can demand more money from me for maintenance and is their is any way through law that i can able to cancel some of her saving plans
thanks
srini
ajay sethi (Expert) 06 November 2012
if your wife is earning rs 6 lakhs per month you wont have to pay her maintenance as both your salries are in same range . the lic policies, purchase gold are her investment made . in case she applies for maintenance draw attnetion of the court to her savings .
Raj Kumar Makkad (Expert) 06 November 2012
Ajay has properly replied your query to which I also deem fit
srini (Querist) 07 November 2012
Dear Devajyoti Barman,ajay sethi,raj kumar makkad
thanks a lot for your replies and responce and very kind of you all
V R SHROFF (Expert) 07 November 2012
Your or her taking Life time policy had nothing to do. Both have to pay for mtn of son. She cannot get any mtn for herself.
u recd proper reply from above experts.

Only think to find out root and remove it, that bring both of u to this stage.

Usually both educated and well earning ... ego... create this mis-understanding, which can be cured.

You needs MC, & not what ur 4Q suggest u.
srini (Querist) 07 November 2012
Dear VR SHROFF
hallow sir
You : Gafternoon
You : i saw ur comments sir
You : i had arranged for counselling through 1to1.net
You : its free counselling arranged by office itself
You : i had raised a request for counselling on nextsunday
You : and i had maild to my wife also
You : i didgot anyreply for tht mail till now
V R SHROFF (Expert) 07 November 2012
BETTER GO FOR PROFESSIONAL FAMILY / MARRIAGE COUNCILLOR, OR THE ONE HIGHLY EXPERIENCED UNDER FAMILY COURT.

MC must be very serious to solve problem and take initiative, motivate parties,understand both parties, and is a very tough job.

One should have enough time to do so.
if half cooked, or superficial, it harm both lifetime.

So select MC, taking all these care.
srini (Querist) 12 November 2012
Dear VR SHROFF/all
I went for Counciling on last sunday through applied to 1to1help.net a Dr had councled me in an hospital but my Wife had not come for the counciling when the Dr called over phone and asked her why she had not come for counciling she replied as her father (My fatherinlaw)had advised her not to go for counciling so that why she had not come for counciling dear shroff please go through the 1to1 website once its one of my company(TCS-Tata consultancy services) arranging program as "Marriage Counselling Services Now on Employee Assistance Program " I trust my company and please kindly let me knew whether i can apply for divorce? if i go for divorce whether she can able to file case against me for dowry cases !_thanks in advance
V R SHROFF (Expert) 12 November 2012
Wait & watch for some time.
Trust God, He will do the needful.

As both of u are educated and earning, I am sure, both will not harm each other.

Slowly reality will come out, and disputes will be clear.
Do not take ant step in hurry.
it will heal automatically. have patience.

srini (Querist) 21 November 2012
Dear VR SHROFF/all
I had planed to send a notice through a family court lawer stating all the problems hapned in the past married life and if she is not welling to come and leave with me i will go for divorce and my Q here is
1) when i applied for divorce its possible for me to go for 2nd marriage.
2)what are the problem i may face on the family court when i applied for divorce and how much time/months dose the court will take to give me divorce.
3)what type of case can my wife file against me on the court .
thanks
srini
Shonee Kapoor (Expert) 22 November 2012
1. NO
2. Speculative query
3. All cases including maintenance/ DV/ 498a.


Regards,

Shonee Kapoor
www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: http://groups.yahoo.com/group/sahodar


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