What should i do ?
ksr prasad
(Querist) 28 June 2013
This query is : Resolved
In addition to what I have presented earlier, I would like to write a few more facts to clairfy certain points raised by the learned lawyers:
1. The friend has retired from not exactly Govt service but it is a public sector where there is no provision for pension.
2. He has retired as a class III employee with no significant accumulation to his credit. He is educated up to 10th standard only.The total benefits he has received is Rs 7 lakhs.
3. The fact looks like that his wife deserted him the moment her son became employed and started earning better than his father. This also gives enough strength to anybody's guess that she did not live with him wholeheartedly all these years and she always had low opinion about her husband in terms of edu background and also earnings.
4. His son also has the same impression about his father and always looked him down.He also never favours his father. His son always wanted to take over the finance management of the family including the meagre earnings of his father.This was also obliged without any protest.
5. On enquiry, he came to know through some relative that mother & son are living together somewhere and the same relative refused to divulge their whereabouts. It he does , my friend will immediately go and meet them which they never want.
6. Even today he is prepared to accept his wife, son and invite them to start living with him forgetting the past.
6. It was clearly written in my earlier letter itself that he is suspecting that his wife could file a case for compensation. She is a house wife. He has no intentions to claim anything from his wife whether she is employed or not.
The facts being so, he has been advised by a local lawyer to advertise in newpaper citing 'missing wife', followed by a police complaint. Is it right ? Kindly clarify. He being innocent, ignorant should not land in any legal disputes given the situation as explained above. Pl clarify. Is it better to keep quiet ?
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My friend has retired from Govt service recently after seving for more than 30 years. He has received about 7 lakhs towards the terminal benefits. He has 2 children, a boy and a girl. About an year ago, his wife deserted him suddenly without any reason and started staying separately with her son( he is earning well) soon after their daughter's marriage. There is no reason why she left her husband without telling any reason. Since then , he has been calling relatives and friends to trace her. But her and his son's whereabouts are not known till date. Lately, he heard that she expressed to one of her cousins that she is not interested anymore to live with him. The fact is that he is a teetotaller and has no vices at all. There was never any kind of domestic violence or mental torture from his side. His only drawback is that he is not well off.
He is feeling very lonely and does not know what to do. Is there any possiblity that she can file a case demanding alimony or some kind of a compensation with an excuse that she has not been looked after for more than a year ? Under the given conditions what is he expected to do legally to prevent any untoward from the other side ? Pl clairfy.
Tarun Thakur
(Expert) 28 June 2013
Remain silent. let other party to respond first.
Adv Archana Deshmukh
(Expert) 28 June 2013
Nothing can be done and do not imagine things unnecessarily... Its impossible that the wife will all of a sudden leave her husband without any reason after so many years. There ought to be some reason. And if she is living with her son, most probably she won't file anything she just want to live away from him. Talk to the son with whom the wife is living or better go to the house of the son and start living with them.
Rajendra K Goyal
(Expert) 28 June 2013
Agree with the experts, keeping mum for some time and / or contacting son is better option.
prabhakar singh
(Expert) 28 June 2013
Ask your friend to do deep breath exercises to remain cool and non apprehensive and to wait and watch for better situations to come
otherwise when his wife's or his son whereabouts are unknown not so much he can do.
If she would or would not file cases against him is her domain which can not be checked by any preplanning.
Let him hope for positive outcomes.
Guest
(Expert) 28 June 2013
Your query seems to devoid of some vital facts, as at least wife is not expected to leave her husband after several years without any valid reason when she used to live with him till the marriage of their daughter.
Secondly, when he is not aware of whereabouts of his son, how it has been assumed that she is living with her son at some unknown place?
Thirdly, when he has retired as a Government employee he would also be getting monthly pension, besides other terminal benefits like gratuity, GPF and leave encashment, etc. So, when earning for his livelihood, it is not understood on what ground he can think about claiming alimony from his supposedly unemployed wife, whose whereabouts are not even known? Rather, on the contrary, her wife can claim maintenance from him.
Sudhir Kumar, Advocate
(Expert) 30 June 2013
even if he retired from PSU he may be EPF subscriber and getting pension.
Raj Kumar Makkad
(Expert) 30 June 2013
I fully endorse the opinion of Ld. Dhingra G.
Guest
(Expert) 30 June 2013
@Mr. KSR Prasad,
In your query, earlier you clearly mentioned he retired as a Government employee. Now, you have amended your original query by inserting, "The friend has retired from not exactly Govt service but it is a public sector where there is no provision for pension."
You could well have made a supplementary post to add more information rather than corrupting your original query by editing process.
This effort of yours itself confirms my doubt that the query contains distorted facts. Please be aware, you can prove the experts as liers by manipulation of the original query, but such manipulations would not prove helpful in getting you the right solution.
Sudhir Kumar, Advocate
(Expert) 30 June 2013
half facts half advise.
wrong facts wrong advise
Both are harmful to you.
