Husband win rcr and wife want to come back with bad intention. what to do?

Gopal Gopal (Querist) 25 April 2016 This query is : Resolved
I'm a married hindu man who is suffering with many harassment from my wife. My marriage date was FEB 2014. on August 2014 my wife went to her parental home and never back and she abuse me over phone many time. After That I consul with a lawyer and he advised me to do RCR case and filed RCR case on jan 2015. now I win that case on march 2016. But on feb 2016 my wife filed 125 crpc and demand 30000 inr /month and written many false allegation about me and my parents. Even she went to my relative home on 24th April 2016 with RCR judgement to live with me but i was not there at that moments. On RCR case i have given my relative address (as rented home) for better communication because our own flat was under development area so postal communication was very bad on 2015.

I did not want any dowry on marriage but she mentioned that i had taken dowry. right now I'm earning 8000/ month by selling daily needs door to door. In this situation, I'll be obliged if you give me some advice.

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Devajyoti Barman (Expert) 26 April 2016
RCR is no defence to avoid maintenance.
If your wife is unemployed then you have to give her maintenance @ 1/3 to 1/5th of your income.

Gopal Gopal (Querist) 27 April 2016
as I said she went to my relative house ( which i mentioned in my RCR case, a rental / temporary address of mine where i stay for my work) with RCR judgement ( I win RCR case where she is directed to live with me as natural wife without any cost) and abuse my relative and left from there. I did not understand what was her motive to go my relative house without any intimation. what is she going to do now?...Please advise. And in 125 crpc case - maintenance should be calculated based on my income, duration of marital life, etc. right?..will be obliged if you reply me

Sudhir Kumar, Advocate (Expert) 27 April 2016
It is you who filed RCR so you have now to keep her.

further generally case under 498a DV Act and DP Act is filed by wife against entire family while facing RCR. Did this not happen in your case.

Dr J C Vashista (Expert) 28 April 2016
If you got RCR decree and your wife is not joining her case u/s 125 Cr PC shall weaken.
If you want to file divorce petition then it is a good ground (desertion).
What is the advise of your lawyer?

Rajendra K Goyal (Expert) 28 April 2016
She has come to live with you as per RCR, it is your duty to keep her.

Maintenance may has to be paid, bring solid proof of your income on the case file.

Gopal Gopal (Querist) 21 May 2016
I got married Feb 2014 and My wife left from my home on Sep 2014 for ill treatment and never back. After that many conversation I did file RCR on Jan 15.
I have given temporary address (as rented accommodation)while I filed RCR case on Jan 2015. On March 2016 I got RCR decree based on admission of my wife. But she filed 125 Cr.P.C case with lots of false allegation on Feb 2016. After that She went to my rented accommodation on 24th Apr2016 where I do not stay from Feb 2016 though that accommodation is my relative house, she did lots of scene create with my relatives. Now she filed DV case based on that. Its clear that she has not good intention. She already know my permanent address and she always send court letter both address. But in that case she knew that I\m not living said temporary address. Please tell me what would be the merit of her 125 Cr.P.c case and Dv case. We are not living with each other since 1.5 years. As maraital life is Feb 14 to sep 14, My earning is not more that 8000/ month, My education is Just a High School Pass but wife is MA pass but she is not doing any job. in this situation what to do? and what can be the maintenance amount? though she asked 30000/ month in her 125 cr.p.c petition. My next date is 1st June

Sudhir Kumar, Advocate (Expert) 21 May 2016
if you are just earning just rs 8000/- then you have no money for feeding lawyers.

better stop hide and seek and live in peace.

Gopal Gopal (Querist) 21 May 2016
Sudhir Kumar Sir... i'm not hiding anything. My elder brother is helping me for lawyer fees. Anyway I remember your advice and will be obliged if you give me some advice what to do and what not to do. I joined this site to get some idea or advice from some great lawyer or expert like you.

Sudhir Kumar, Advocate (Expert) 21 May 2016
you said

"My education is Just a High School Pass but wife is MA pass but she is not doing any job. in this situation what to do?"

This gives a clear understanding that you married a better educated girl. whether true or not everyone will easily believe that you lied about qualification and income to gain this relation.

(this does happen)

Sudhir Kumar, Advocate (Expert) 21 May 2016
Now you are aggrieved that she does not work despite being better qualified. You have to live with the fact that she is not bound to maintain you rather you are bound to maintain her. Situation will be same if you were in any other country.

This expression clearly gives an inference that you want her to be income source without which marriage will fail. This is demand of a financial security by you as consideration of marriage and this is a dowry demand.

Sudhir Kumar, Advocate (Expert) 21 May 2016
You are also saying that you filed RCR so that she should be back and you also said that you shifted form the address and did not provide new address. She located the said address and reached there. She asserted her right to live with you and you can call it making a scene.

Sudhir Kumar, Advocate (Expert) 21 May 2016
earlier you said

" she did lots of scene create with my relatives."

then you gave more facts and said

"After that She went to my rented accommodation on 24th Apr2016 where I do not stay from Feb 2016 though that accommodation is my relative house, she did lots of scene create with my relatives."

If you really wanted her to join you then she should have been told where on the globe you reside or else she was right in approaching and finding you at whatever address she could get.

It gives a strong doubt that you did not want to live with her unless she earns and filed RCR just to harass her as many persons advise so without knowing full repercussions.

This indicates you yourself are not above the board personality.

Sudhir Kumar, Advocate (Expert) 21 May 2016
DV case and 498a are natural return gifts of RCR and you got it. Nothing wrong and nothing new in this.

Sudhir Kumar, Advocate (Expert) 21 May 2016
You also said that

" She already know my permanent address and she always send court letter both address."

Why should she not do so. She is doing the most correct action on earth. It is her duty to ensure that the notices reaches you though you may be trying to evade it by shifting to new address. She is not bound to cooperate with you to evade the notices.

Sudhir Kumar, Advocate (Expert) 21 May 2016
You also said

"Now she filed DV case based on that. Its clear that she has not good intention"

why should she not do so. You filed RCR and she came to join you at the address that she knew. You left from there. You perhaps need to see what domestic violence is.

Sudhir Kumar, Advocate (Expert) 21 May 2016
You really have no money to feed lawyers (as I earlier assessed) as you confirmed that your brother is bearing litigation cost.

But how long can he do so?

You have to find ways to live peacefully with her.

It appears that you are yet to spoil your life fully and can take "U" turn.

Sudhir Kumar, Advocate (Expert) 21 May 2016
You are free to get annoyed if you do so after reading this analysis. It is your choice.

It is your life and you have a right to spoil this.

I am writing this while proceeding to silver jubilee wedding anniversary of someone and pray that you may also have chance to have such celebration.

It appears from your last blog that you came here to get advise and certainly you did not come here to hear praise.

The above analysis is just based on the words best chosen by you to prove that you are not wrong. In case nay independent body hears version of your wife then harsher realities may come.

Gopal Gopal (Querist) 21 May 2016
Sudhir Sir

Thanks for your reply. I like to say you something - first of all I was doing a business before marriage and they agreed to marry with me after fully investigation about me. They went to my office and reviewing my records from ROC. After that they decided to get marrie with me. But unfortunately my business break down due to huge financial loss. I shared this fact with them before marriage but still they did the relationship with me.

There is not any academic qualification to do a good business. In our country there are many CEO of company who are not well qualified.

I got RCR decree on 1st week of March and I move from my rented accommodation which my relative house on middle of Feb. Not only that She send me every court notice to both address (rented address and permanent address).

She not even contact with me before or after there coming. I'm not telling to her do work and help me.

As She is well qualified with professional degree how she can clam a huge maintenance from me. I'm not tell even that I'm not giving anything to her. I'm ready to give her maintenance but it should based on my current income. I'll pay more when i earn more. That's it. I got married without any demand. I did not take any single Penney from them rather I have given.

Every person face good time as well as bad time. based on that family member should understand this fact instead of absurd demand.

Waiting for your kind advice

Gopal Gopal (Querist) 21 May 2016
Thanks a lot for going through my message even you are busy with your party.

Sudhir Kumar, Advocate (Expert) 22 May 2016
My above analysis will only be successful if your marriage is saved and you also have one day chance to celebrate 25 anniversary.

Husband win rcr and wife want to come back with bad intention. what to do?

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