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syam ( )     19 April 2016

File case on wife for not coming to husband

Hi Sir , 

My file filled false 498A case on me and my family in 2014 . In 2015 she with draw case. from that time she is staying with her par. I asked her to come to me by forgiving all her mistakes . But she is keeping conditions like i has to accept all her condition like 

As she is employee she will clear all her par loans. she will give her 20 % salary to her par. 

I dont like her parents bcoz they are the main reason to keep falsse 498 a on me and demanded 30 lakhs.

my wife is in Johenburg (south africe) now. Please advice how to put up case on her . as she is not coming to me for her selfish reasons. I am asking her to come to me from 1 year...

Please advice.

 

 



Learning

 13 Replies

Vijay Raj Mahajan (Advocate)     20 April 2016

Why keep an unwilling wife with you, better think of dissolving marriage by decree of divorce either jointly by mutual consent or individually filling against her on the ground of cruelty and desertion for more than 2 years.

Such hide and seek game doesn't go a long way in matrimonial life as nowadays all want to move ahead away from the unnecessary mental harassment being caused by such martial dispute between both parties and their other relatives getting involved unnecessarily in to it by circumstance or by themselves.

syam ( )     20 April 2016

Sir , 

She dont want to give divorce to me normally she expecting money . Now she is away from me . If i put case on her ... might she will give divorce normally without expecting money. No dowry took during mariage.

But one of my friend said. laws are allways foavourable to girls. if i raise divorce individually i need to give life time maintainance and other demandds which are raised by my wife.

I dont want to waste my time or money for such selfish girl. please advice what are the cases i can file on my wife being away from me from last 2 years and left me alone and went to foreign country to clear there parents loans.

I lost my personal life and time. please advice. Is it possible to marry other girl without getting divorce from her as she is not coming even i ask her to come to me ?

Is it a crime ?

 

 

ranjan kumar (Advocate)     20 April 2016

move an application under sec. 9 of H.M.A. If court is convinced and passes a decree for restitition of conjugal rights then it will benefit you both ways. 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 April 2016

Adv Mahajan is right with his �pt suggestions. The other reply of filing RCR is of no use as it will invite other cases like DV,498A and DP..

(Guest)
Originally posted by : syam
Hi Sir , 

My file filled false 498A case on me and my family in 2014 . In 2015 she with draw case. from that time she is staying with her par. I asked her to come to me by forgiving all her mistakes . But she is keeping conditions like i has to accept all her condition like 

As she is employee she will clear all her par loans. she will give her 20 % salary to her par. 

I dont like her parents bcoz they are the main reason to keep falsse 498 a on me and demanded 30 lakhs.

my wife is in Johenburg (south africe) now. Please advice how to put up case on her . as she is not coming to me for her selfish reasons. I am asking her to come to me from 1 year...

Please advice.

 

 

See, if she file case tahat you took dowry, you file case on her and her father that they gave dowry, and then see how they will dance to your tunes.

 

I disagree with sainath, you file RCR, that even if you lose will give valid reason to ask divorce, as a 498a wife will never come back.

 

I feel you have taken dowry, dowry taking  is equal to begging and becomnig slave.  Without she giving one penny to you,   from where will she get guts to tell that she will give her salary to her parents?

 

Fault is in you, not her.  Its best to take mutual divorce and part ways as gentlemen.


(Guest)
Originally posted by : syam
Hi Sir , 

My file filled false 498A case on me and my family in 2014 . In 2015 she with draw case. from that time she is staying with her par. I asked her to come to me by forgiving all her mistakes . But she is keeping conditions like i has to accept all her condition like 

As she is employee she will clear all her par loans. she will give her 20 % salary to her par. 

I dont like her parents bcoz they are the main reason to keep falsse 498 a on me and demanded 30 lakhs.

my wife is in Johenburg (south africe) now. Please advice how to put up case on her . as she is not coming to me for her selfish reasons. I am asking her to come to me from 1 year...

Please advice.

 

 

See, if she file case tahat you took dowry, you file case on her and her father that they gave dowry, and then see how they will dance to your tunes.

 

I disagree with sainath, you file RCR, that even if you lose will give valid reason to ask divorce, as a 498a wife will never come back.

 

I feel you have taken dowry, dowry taking  is equal to begging and becomnig slave.  Without she giving one penny to you,   from where will she get guts to tell that she will give her salary to her parents?

 

Fault is in you, not her.  Its best to take mutual divorce and part ways as gentlemen.

Sheik Madeena Valli (Advocate)     22 April 2016

move an application under Sec. 9 of H.M.Act, for restitition of conjugal rights


(Guest)
Why you want a girl who doesn't want to come to you? Apply for divorce. If she contests, it will take time but you will get it eventually. Forget this girl, she is not interested in marital relationship. Find someone else and enter live-in relationship. After divorce finalizes marry the girl. Marriage has lost all its meaning under Indian legal system. This is reality. Sooner you accept this the better off you will be.
1 Like

Sudhir Kumar, Advocate (Advocate)     28 April 2016

if you were living in taliban ruled afghanistan then she coul dbe jailed.

Born Fighter (xxx)     28 April 2016

Wife is not interested to come back and its good that she is abroad. File for divorce and ensure she does not contest/come to court. After few hearings court will grant exparte divorce. Then wait for 3 months, if there is no appeal from ur wife then go ahead and get married.

Sudhir Kumar, Advocate (Advocate)     01 May 2016

there is perhaps no need for HMA.

 

all he needs is to mend himself

 

if he drops his unreasonable demand then it appears she may join him.

Sudhir Kumar, Advocate (Advocate)     01 May 2016

refer ltest thread

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=2

Sudhir Kumar, Advocate (Advocate)     01 May 2016

refer

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=136203&offset=1#.VyUv6yFMzwo


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