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D Seikhar G (self)     07 September 2013

Can i offer her to work in my company and take salary as mnt

Dear experts plz help me.

sir,

Due to untolerable mental cruelity given by her Iam not living with her.Her parents interferance in our marital life was so much that she never given the respect and love to me and my family.She always tried to follow her parents and always listen on their yes or no. She had treated my parents very badly.

Her parents and relatives have given several times ultimatum to follow their parents and her or else they will drag me in criminal cases. So,after continuos threat and torture I left my wife to her parental home and stopped communication from last 9 months. Iam a business man and hardworking person who don't want to give my properties to her evil hands.

Plz sir give me some guidance that how can i come out from these dead marriage,as i don't want to live with her.At that time I didn't recorded any cruleities in welfare of her,but now how i can proove.

Does she has share in my Business? Iam ready to pay mainetance but can't live with her. Can I offer her to work in my company and take salary as mainetnance? She is graduate and MA in economics.



Learning

 5 Replies

fighting back (exec)     07 September 2013

first and foremost, deposit a certain lumsum in her savings account through bank transfer, keep the proof handy, secondly keep transferring amount every month in her account, say Rs 4000 per month, do this without fail, before any cases fall on you, after the cases are filed, then this will not work, do this on priority. offer to work will be afterwards, after she files cases on you. you can put this in argument stage, dont assume things. second, make arrangement of separate residence for her, ready for her to move in, tranfer you properties before any cases are filed on you, increase your liabilities, dont keep any immovable properties on your name, (remember IRBM is on its way!!) so take precautions. and what does your wife want? does she want to live you or divorce you? do these things on priority. and immeditely hire a seasoned lawyer. act fast

1 Like

Gopal Arora (Engineer)     07 September 2013

@author

Your problem is MONEY and NOT your wife. You cannot tolerate your wife at home but are ready to offer her a job in your own company. What if she starts to become your BOSS at your own company?

Please note that when relation with wife are not good, then it is advisable to hide/conceal your financial and business details. If the marriage ends in divorce then she will get maintenance etc etc. etc. 

If you really want to help her then use your contacts and help her in getting a good job. In this way, she will become independent and may be marriage can work in future.  

1 Like

(Guest)

Dear Author,

As per your facts given in query it shows that you are hell bent to not live with her and even want to protect your properties and hard earned incomes.

Solutions:

1. File for divorce on the basis of mental cruelity U/s 13i a

2. However you have to pay maintenance if you will not give divorce also then why not to file divorce right now and let her oppose her in whatever ways.

 

Reasoning:

1. Either she will sucumb or go for IrBM if it is passed after few years.

2. she will file 498a,dv or maintenance cases use this 498a and DVA 2005 as the base for prooving your case as you have not done in criminal sort of activities under these sections and all these comes under mental cruelities by her as she was threatning from ealry days to drag me in the false cases.

3. Maintenance might be not issue for you as per your statement you can pay her.

 

Further Homeworks:

1. Select your witness who were present during those days when she used to torture you and your parents.

2. Draft your petition with clarity and exceptional hardship of mental cruelity done by her which your lawyer can proove via witness and circumstances which she created that you ran away.

3. Even now you can collect the proofs.

4. Write a NC in your nearest PS stating the truth about all these stuffs before divorce petition and why you not living with her.

5. Gift your immovable properties to your blood relations from whom you can get later.

 

Your concerned:


1. The share in husbands properties movable or immovable has not come as law yet,so let see what happen's.

2. The share in your Business can't be claimed by her as it doesn't come under properties but yes your income derrived from business would make her to claim higher maintenance according to the growth graph of your business.


P.N- Plz hire an efficient and freindly lawyer who could listen you,who could understand as what you want and on basis of that he could argue your case.


Best of luck


regards.

1 Like

D Seikhar G (self)     07 September 2013

@sufferer Kindly check your PM

Sudhir Kumar, Advocate (Advocate)     11 September 2013

connect

https://www.lawyersclubindia.com/experts/wht-happens-when-one-partner-doesn-t-want-to-live-with-other-at-anycost-and-divorce-is-not-granted-421116.asp


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