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Sachin (Executive)     26 May 2013

Wife want to come back on conditions

Dear Experts

My wife desserted my approx. 1.5 year back. She used to quarrels with my family members and abused us badly. we have a son also who is living with my wife.

We had two meetings so far involving elders from both families. She want to come back and live with me on the basis of two conditions.

First condition is that i will shift to Delhi and live on rent with her as she don't want to live with my parents. i am doing job in Delhi.

Second condition is that i will not take my son to my parents home( if i visit there once or twice in a month).

I have accepted the first condition, so that she should live happy( although staying far from parents is painful).

But i am not ready for second conditons and i said " agar hamara beta dada dadi ke ghar nahi jayega to nana nani ke ghar bhi nahi ja sakta and she said no ........... voh nani nani ke ghar jaroor jayega.

She is very egoistic and adamant girl and want to come back if both conditions fulfilled by me.

Now what step should i take?. Should i file divorce case against her as she is blackmailing me for making relationship.

She has not filled any case till date.

Thanks for your valuable guidance.

Regards

Sachin

 

 

 

 

 



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 24 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 May 2013

Considering the fact that you have a child, try to save the marriage. Try to work upon the marriage, you can even take the help of professional marriage councellor to help building understanding between you and your wife and as harmony and peace is restored in your matrimony, gradually your wife will change her adamant stand of not letting her son visit his dada dadi. But before thinking of divorce do some last effort for the sake of ur son.


(Guest)
Originally posted by : Sachin


Dear Experts

My wife desserted my approx. 1.5 year back. She used to quarrels with my family members and abused us badly. we have a son also who is living with my wife.

We had two meetings so far involving elders from both families. She want to come back and live with me on the basis of two conditions.

First condition is that i will shift to Delhi and live on rent with her as she don't want to live with my parents. i am doing job in Delhi.

First one ie acceptable, anyway its your wife who is putting condition, its better to agree to condition of wife than later on agree to conditions put by court.

Second condition is that i will not take my son to my parents home( if i visit there once or twice in a month).

Second condition, not acceptable, try to convince  her, I agree to what you say in No.1 you agree that I take kid to see my parents whenever I want, you can accompany if you want.

I have accepted the first condition, so that she should live happy( although staying far from parents is painful).

I understand, its painful.

But i am not ready for second conditons and i said " agar hamara beta dada dadi ke ghar nahi jayega to nana nani ke ghar bhi nahi ja sakta and she said no ........... voh nani nani ke ghar jaroor jayega.

If conditions like these are put, shouldnt meet your parents but can meet her parents, these will rise to tensions at home.

 


She is very egoistic and adamant girl and want to come back if both conditions fulfilled by me.

Now third option for you.  How long will parents stay? Not long.  Take care of parents as long as they are alive. IF she is not agreeing to come back to you, then why dont you do like this, keep going and meeting her once in a month or once in three months.  Like that you also happy, your parents also happy, she also headache free.



Now what step should i take?. Should i file divorce case against her as she is blackmailing me for making relationship.
Kid there, kid only mend/bend your wife, she become lamb very soon, circumstances will make her a lamb and she follow you everywhere.  Dont file divorce, its one way road, once go inside, cannot come out alive, will come out alone, then custody case, that also is one way road.  Divorce obtaining in india is not easy, MCD if you want , you will have to pay nicely to your lovely wife.  If she contest divorce case, then 5-6 years gone.  Custody case?  For that 5-6 years totally 10-12 years gone + lot of money you have to spend on lawyers fee, also your hair will turn white, your wife will also grow old, even if you get divorce, divorcee title will be conferred upon you, divorcee with a kid?  Takers in market will be very less for you, get rid of kid, wife remarriage chances will be drastically reduced, as nobody likes to marry a baggage who has a baccha.


Further, if you get divorce under contested divorce and if your wife is not working, you will have to pay alimony till the date she remarries again.


These are few things about divorce. 


Further custody of child, child will be put to very extreme mental pressure, and lot of sociopsycho elements will effect the childs growing up.

She has not filled any case till date.
If she files any of the false cases, as that is the trend these days, 125crpc, DV, 498a etc, your days are doomed, you'll be as good as dead man walking. 


Thanks for your valuable guidance.

Regards

Sachin

 

 

 

 

 

Hemang (Advocate)     26 May 2013

Do not keep ego in matrimonial affairs. Be calm and raise greater confidence in your wife as well. It is only cordial relationship that would work resolving the issue. Forget the theory litigation to save the marriage. It is with the husband, how to act in such a situation to re-concile everything and restore to normalacy. It is difficul because of ego, but adjust and compromise. Every can work fine by the efflux of time. 

Rajendra K Goyal (Advocate)     26 May 2013

Accept and comptomise instead of breaking. No harm in accepting wife's both conditions. Agreed with Helping Hand fully for practical advise.

Sachin (Executive)     26 May 2013

Thanks for the reply.

But don't you think she is blackmailing me. i.e. if you want me and son back then accept my conditions.

I believe that relation can not be built on the root of conditions. if i accept her conditions today , it will boost her ego and later she will put more conditions as she knows that i usually accept her conditions.

Pl. advise.

Thanks.

 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     26 May 2013

check your PM

Harsh (Manager)     27 May 2013

@author

you are absolutely right, she is dictating terms and also being unfair.

it is funny how everyone tells the husband 'dont let your ego come in','adjust and listen to your wife','it is husband's responsibility to bring normalcy'...these words coming especially from seniors/elders (who have probably had a better married life since the women in previous generation were more inclined towards our culture) dont make it any easy for the husband. 

whereas, the wife with her MOUNTAIN of an ego goes on throwing tantrums, conditions, threats and all the bullsh*t. Who is counseling the wife that she is being a  bi*ch?

With time, your parents and her parents will be gone no doubt; but by that time you would loose all respect for yourself. you would become a puppet. Not just you, your son and your social circle will also not respect you much.

Both husband and wife should workon the marriage. One is crazy and the other is sane. This will not work.
Since you have a child, divorce is obviously very harmful.

I think you should do what is right -accept what is reasonable/harmless  and tell her to get lost if she puts unreasonable conditions.

Dont raise the divorce topic with her. for some more time, you will be in a state of deadlock. ask her relatives, elders to talk to her and her parents. they may come to her senses and agree to be more cordial. if not, then you just accept that most of today's wives are like that and then take next steps.

Sachin (Executive)     28 May 2013

My question to Mr. Helping hand.

You wrote"First one ie acceptable, anyway its your wife who is putting condition, its better to agree to condition of wife than later on agree to conditions put by court."

  

How court can order me to accept conditions.................instead court should scold my wife who is putting conditions and blackmailing me.

Court should ask me wife to leave conditions and live  with your husband.

pl. share your views..............

  

Harsh (Manager)     28 May 2013

@author

I think that depends on the Judge in the family court - some are very biased and they simply talk in girls' favor.

but there are some who value marriage and the duties of both husband and wife - judge may counsel you both and 'scold' your wife to mend her ways. there have been such cases and judgements in the media recently.


(Guest)
Originally posted by : Sachin


My question to Mr. Helping hand.

You wrote"First one ie acceptable, anyway its your wife who is putting condition, its better to agree to condition of wife than later on agree to conditions put by court."

  

How court can order me to accept conditions.................instead court should scold my wife who is putting conditions and blackmailing me.

99.99% court wont ask you to accept your wife's conditions, there are lacs of divorce cases, whom will the judge look into?  To give dates half day they take, and you are talking that court should scold your wife, one thing you have to understand, when there is a difference between hus and wife, and such differences are unresolvable, only then either of them approach to court for seperation, unification has happnd in various cases due to court intervention, but they are very few, can be counted on fingertips.


When I say Court putting conditions to you, it will be via DV case, 498a case, where you will after undergoing huge humiliation still will be forced to cohabit with your wife.


Instead of waiting for that day when your wife will file false cases, find a middle solution as I have described above in my first reply to your query.


Do rounds of the place where wife is staying, somehow carry on the show.


You not ready to accept her conditions, she not ready to come back, ultimately divorce will  happen, and recently there has been a SC verdict where a wife forcing her husband to leave aged parens has been granted divorce.  So it all depends on you, the ball is in your court now.


Court should ask me wife to leave conditions and live  with your husband.

No court can force anyone to oblige/reunite/accept back/reject/throw out etc etc.

 

pl. share your views..............



  

Sachin (Executive)     03 June 2013

Dear Members

Pl. resolve below queries.

1) If i file RCR and order get passed in my favour and if still my wife does not come back to live with me. In that case can i file divorce petition immediately?

2) How much time(months/years) usually takes in getting RCR order passed.

3) How  much time(months/years) usually takes to get divorce on the basis of RCR( if wife still does not come back) and desertion(leaving separately from last 1.5 years).

4) if instead of filing RCR, contested divorce usually takes how many years.

Kindly let me know that these cased will take how many years.

Thanks for the guidance.

 

Sachin (Executive)     04 June 2013

Dear Laywers

Kindly resolve the below queries as per your experience..........

 1) If i file RCR and order(decree) get passed in my favour and if still my wife does not come back to live with me. In that case can i file divorce petition immediately?

2) How much time(months/years) usually takes in getting RCR order passed.

3) How  much time(months/years) usually takes to get divorce on the basis of RCR( if wife still does not come back) and desertion(leaving separately from last 1.5 years).

4) if instead of filing RCR, contested divorce usually takes how many years.

Kindly let me know that these cases will take how many years.

Thanks for the guidance.

Reformist !!! (Other)     05 June 2013

she is dictating terms on u and want u to dance to her tunes.....if u accept her conditions now, then be ready for more conditions in future..... Better try to convince her...1st condition is ok but not the 2nd one.....how can she stop a child to visit the grandparents house.... From ur questions i can guess she is quite egoistic, adamant and never listens to u. Its always better to have the mediators during such circumstances and solve the matter amicably...

Harsh (Manager)     07 June 2013

@sachin

dont worry too much about getting  a divorce certificate - spending so much money and effort by making it your top priority is not the best thing in india.

ask her to go for MCD or jus wait for her to apply for D or till she comes for MCD.

why waste money and time on RCR? if she wants she will return back after a phone call she doesnt need a court to tell her to join her husband.

your main struggle is with the dowry cases if she is planning to file any.


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