Wife deserts husband
Ramkrishna
(Querist) 01 June 2014
This query is : Resolved
Sir,
I was married in 1983 and have two children, me and my wife had some differences and she left my company in 1990 after that she filed cases against me and my parents for share in property and dowry harassment, latter there was a compromise and she dropped the charges and the court ordered her to come and live with me in in 2002, but she did not come and I filed for a divorce in the family court again she came for a compromise and joined company with me.
She has bought a house and we were living there from 2005, but there were persistent differences among us, the children grew up under her care and they developed a kind of animosity with me.
In 2013, I had some problem with my leg and I had to go for medical check ups and physiotherapy regularly, one day at my appointed time with the doctor she wanted the car which belongs to her to go for shopping, I told that I have got to go to the doctor but she insisted that she had to go for shopping and took the car, latter when she came back I went to the doctor and I saw that the car was damaged, when I questioned her about it she said that there was no such damage made by her, and my younger son who accompanied her used some vulgar language to me and we had a scuffle.
Then she asked me to leave the house, latter through her mother she sent in a word that I can come after one month if I wished to, but I felt insulted and did not go back, now it is almost a year this has happened.
My question now is can she put in a case against me again for property and desertion and maintance, she is well off having many properties on her name. Or should I be the first to file a case of desertion. Please advice.
ROHIT SHARMA
(Expert) 01 June 2014
Dear Mr. Ramakrishna,
1. Yes, self respect is of more deep concern.
2. The son is going to be always against you as his respect for you has been marred by his mother.
3. Your question now as to whether can she put another fresh case against you again seeking a claim in your property and desertion and maintenance,especially in consideration of the fact that she is well off financially and having many properties on her name is answered in negative.
4. You, should now think on the lines of filing a petition for judicial separation and continue to reside separately.
5. If you wish to have more in depth legal consultation as how and what would be the consequences of filing a petition for judicial you will need to opt for private legal consultation with this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com.
Devajyoti Barman
(Expert) 01 June 2014
Dear author-
please inform the nature and status of cases filed against you.
If your wife is unemployed then she is entitled to maintenance but she has no claim on your properties as long you remain its exclusive owner.
If you think that the marriage is all but over then file a suit for divorce on mental cruelty.
Guest
(Expert) 01 June 2014
With reference to your story, better file a cvase of divorce.
Ramkrishna
(Querist) 01 June 2014
Respected Sir,
As of now other than the previous cases which she has filed in 1994 and came in for a compromise; she has not filed any case, but knowing her nature as she has falsely filed cases earlier I am in a confused state what should be my course of action.
I have two flats which was gifted to me by my mother prior to my marriage from which I get around 22,000/= as rent other than that I do not have any regular income as such, I own a self acquired plot prior to my marriage and I will be getting some five acres of land from my ancestral property.
As I have come to know through some sources that she wants to claim a share from these by filling a case of desertion on me. These are the full facts.
ajay sethi
(Expert) 01 June 2014
dont file any case for divorce . stay separate . if your wife wants to reconcile let her make the first effort . since she has many properties in her name it is doubtful whether she will seek maintenance from you .
Sankaranarayanan
(Expert) 01 June 2014
No more answer will be needed to your query. meet local lawyer
