(Guest)

Advise

Case History As Under:

Wife left the matrimonial home 5 yrs back with 3 months baby and since staying with her parental home. Rather than to breakup marriage husband started to live with her at her parental home as per wives wish. Whenever he comes on leave for 4-5 days he goes to stay with her. Husband working in Delhi and wife staying in H P. But the relation did not improve till today. Wife still having irritating and rude attitude and always threaten to divorce and get separation. She doesn’t go to stay with her husband where he works. Husband paying her maintenance properly (payment proof kept with husband, MO slip or money transfer to her account). She doesn’t let to take the child to meet the husband’s parents.

No dowry have taken and nor any violence occurred. Husband never asked to left her and divorce not he want to do so.

Question:

How can he proceed? Should he file RCR?

How can she (wife) defend her case?

Can she file DV & 498A if he goes for RCR?

What precautions should be taken for such cases where nothing happen except misunderstanding and non-adjustment of foolish wife’s?

Reply Follow

7 Replies

stanley (Freedom) 17 October 2012

Originally posted by : A.K Dutta

Case History As Under:

Wife left the matrimonial home 5 yrs back with 3 months baby and since staying with her parental home. Rather than to breakup marriage husband started to live with her at her parental home as per wives wish. Whenever he comes on leave for 4-5 days he goes to stay with her. Husband working in Delhi and wife staying in H P. But the relation did not improve till today. Wife still having irritating and rude attitude and always threaten to divorce and get separation. She doesn’t go to stay with her husband where he works. Husband paying her maintenance properly (payment proof kept with husband, MO slip or money transfer to her account). She doesn’t let to take the child to meet the husband’s parents.

No dowry have taken and nor any violence occurred. Husband never asked to left her and divorce not he want to do so.

Question:

How can he proceed? Should he file RCR?

How can she (wife) defend her case?

what case she would have to defend until and unless you tell us what case are you going to file on her ??As you say you dont even want to file for Divorce

if she files maintance case CRPC 125 or under DV act or HMA 24 she can always go ahead that money sent by you via money order is not sufficient for her and child .

Can she file DV & 498A if he goes for RCR?

She can file DV and 498 A at any time

What precautions should be taken for such cases where nothing happen except misunderstanding and non-adjustment of foolish wife’s?

if she files the cases than the only option is to contest the case

Rahul Kapoor (Legal Enthusiast) 17 October 2012

you want her back ?

(Guest)

Yes 100% ready, but she refuse.

(Guest)

How can I proceed to get rid of this problem? She come to me or Left. Now more than 5 yrs been over to this problem. Nothing soution came out.

Rahul Kapoor (Legal Enthusiast) 17 October 2012

if you file RCR then if she can defend her case by saying that she has reasonable apprehension in her mind that it would be unsafe to stay with the husband. then her case will become stronger with other counter cases filed against you.

its good that you are maintaining her.

(Guest)

"She is unsafe with husband" Is it enough to stay away from husband? Don't the Honble Judge understand that she is lying. Don't she need to prove it that I am cruel? How can she prove if nothing such incident took place?