Need ur help plz>>>>>>>
Querist :
Anonymous
(Querist) 26 November 2011
This query is : Resolved
My self is Rohit verma. MY marriage is took place on 14/5/2008 acording to Hindu rites by the way of phere. That after the marriage as husband and wife we cohabiting together. The son born out on 2/04/2009. from the very begning of the marriage my wife is not happy in a joint family and she started to pressurized me to live and dine separately from my parents and she started maltreating and misbehaving with my parents oncertain occasions and started quarreling with me with very petty things. My wife is dancing is dancing on the fingertips of her mother and the mother of my wife is interfere in the matrimonial affairs of our life. On 21/07/2009 she left the minor child at home and started residing at their parental home. I along with some respectable persons bring back on my home. But she did not mould her behavior. Meanwhile, after one year my father take my wife with him. And did not send him back till the date. Please suggest me 1) what I do. Somebody guide me to file section 9. After that 2) Can they file any case on me? 3) She is doing govt job can she claim for maintenance ?
M/s. Y-not legal services
(Expert) 26 November 2011
just issue a legal notice to your wife for restitution of conjugal rights. if she not back mean you may proceed through court of law..
Khaleel Ahmed Mohammed
(Expert) 26 November 2011
You can file a suit for restitution of conjugal rights against her. She can file maintenance case against you for the maintenance of minor child,further she can file other cases like domestic violence ,dowry harassment etc.,
Querist :
Anonymous
(Querist) 26 November 2011
thank you.
adv. rajeev ( rajoo )
(Expert) 26 November 2011
She cannot claim maintenance because she is working.
Where your father took your your wife?
M/s. Y-not legal services
(Expert) 26 November 2011
since she is a govt employe, she may be earning sufficient money to maintain her.. in case if her earning is insufficient to maintain her mean she can claim.. as a husband its your duty to maintain her. but after favorable decree in rcr petition wantonly if she deny to come back with you mean she is not entitled to seek maintenance.
lot of supreme court judgement favour for husbands..
M/s. Y-not legal services
(Expert) 26 November 2011
dear kaleel sir, i think minor child with this author's custody..
and dear rajoo sir, i think thats typical error, instead of "her father" authour may be typed as "my father"
jitender pawaria
(Expert) 26 November 2011
Dear Tom u r absolute right that Hon`ble S.C passed lots of judgement in favor of Husband. But in this case according to my view Rohit Verma not disclose what he doing, how much he earn and about there family status. Is earning of his wife is sufficient to maintain herself and her Minor children according to there family status. On which post his wife working now.
Querist :
Anonymous
(Querist) 26 November 2011
my wife is govt teacher. salary 25000
i am also doing govt job.
Devajyoti Barman
(Expert) 26 November 2011
I think the wife is unlikely to get any maintenance.
Shonee Kapoor
(Expert) 28 November 2011
1. Don't file RCR, it is one of futile sections in Indian Law. Please read my detailed article on the subject at below link:
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
2. They can start any case, filing RCR would just hasten the process, be calm and patient. Sometimes not doing anything is better than inviting mess.
3. If she is working and her income is sufficeinet she won't get any maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 28 November 2011
R/P Shonee Kapoor sir i read ur article. i also read ur many statements. i like ur views. so tell me what i do in this situation. give me some suggestions.
thanks and regards
