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sanjeev001 (executive)     08 March 2012

If husband wilfully stays away from wife, is this cruelty

dear members,

kindly advice on the following matter, if a husband wilfully stays away from the wife, who is staying in a rented accomodation given to her by her husband, and husband is ready to pay her the monthly expenses, but to avoid the daily quarrels and issues, the husband is staying with his parents, due to this the wife is accusing of mental cruelty and threatening of filing case of 498a and other mental harrasment charges. does staying away attract mental harrasment charges, if wife is constantly abusing husband and his parents who are away from her.

kindly advice on this issue, thanks



Learning

 7 Replies

Tajobsindia (Senior Partner )     08 March 2012

@ Author



1.
File an Application before rented place Jurisdiction Police Station stating what you are stating before us and may be more similar lines.
2. Take receiving copy (signed / stamped) from same PS
3. You may now start living where you wish to in the name of ‘maintaining marital harmony’.
4. This receiving of Application from Jurisdiction PS is going to help you in seeking AB later on as well as proving your legitimate 'reasons' for staying away yet fulfilling "rent and living expenses" to a wedded wife.
5. However if you are not heard by your wife for 7 years then that can lead to 'divorce"
6. Further it is better to go into the ‘root cause’ then making stop gap arrangements. For the same sit with an Advocate and discuss long term solutions. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 March 2012

This in itself is not cruelty,but desertion.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

sanjeev001 (executive)     09 March 2012

Dear sir,

as you mentioned that this is is not cruelty but desertion, then does it attract anysort of penal action, or any sort of court case against me by my wife. kindly advice if this is eligible for 498a. also can my parents be implicated in this, as they are not staying with my wife since last 4 months, but she is falsely accusing my parents of coercing me to stay with them and not with her. will my parents and brother be also affected by this. pls advice . thanks

**Victim** (job)     09 March 2012

I am not a lawyer but i can tell you that she qualifies for maintenance under sec crpc 125 & divorce under desertion.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

No penal action because of it.

 

However, there is no bar to the wife for launching prosecution on false and frivolous grounds.

 

You would also need to pay maintenance as well.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)
Originally posted by :Tajobsindia

   

 

 

 

chacha ek baat batao.aap baar baar apne pic kyu change kar dete hai...kya aap fake hai jo baar baar apne aap ko chhupaate hai?;)


or aapne apna sir kyu pakar liya?

kya hum nanhi betiyo ne aapko itna pareshaan kar diya hai ki aap apna sar pakar ke baith gaye hai?:P


Shantilal Pandya ( Advocate)     03 April 2012

wilful staying away from wife may amount to cruelty , contending that ther huband is staying awy from wife to avoid  daily  quarrel   has no substance ,    the provision like   securing   judical separation is meant for  such  a situation   husband  cannot  stay awy  otherwise than  by securing such orders  from  the court, very purpose of marriage institution may be  destroyed , if the wilful abstaining is  excused  on such grounds  without obtaining judicial sanction 


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