Law made only for womans

1.  It is false to say that ANY law is legislaturised favouring Women.  Unless & Until your legal consel does not know as to how to capitalise on such laws.

2.  Tentatively, IF POSSIBLE and if circumstances permit,  try to shift your job / business etc....  to another district or state and abandon your nefarious wife and stay with another female as a Live-in partner.  However do not marry another female as yet.

3.  HOWEVER, before you do the above,  if possible, try to reconcile your wife (there are several hundreds of ways) to bring her out in your favour, mutually. One of the alternatives is to shift from your home state to another home state without the rest of your family (of course if your resources permit)

Keep Smiling .... Hemant Agarwal

 I married before 3 years.

My wife is from Maharastra and I am from Gujarat.

Our marriage was held at Gujarat. Now she is staying with her parent's home since last one month.

And she has sent me a divorce notice from family court.at Maharastra.

 My question is which jurisdiction is applicable for our case? Gujarat or Maharastra ?Please answer me....

Thanks for your reply,sir. But however she has sent me the Legal notice from Family court of Pune.(Her hometown).

When we seperate the last place was Gujarat....And even we married at Gujarat.

How it is possible?

She can file a case where she lives or husband and wife resided last together.

And she neglect you, why ? Ok don’t worry.

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

You said now she is staying with her parent's home since last one month. For getting divorce

At least 2 years desertion required.

But she can file DV petition on  another ground like

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

OR

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

So, better to file RCR petition Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) provides for the restitution of the conjugal rights. The section of the Act says:

“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly”.

EXPLANATION: Where a question arises whether there has been reasonable excuse for the withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

The fundamental rule of matrimonial law that one spouse is at liberty to the society and comfort of the other spouse, forms the foundation of the right to bring a suit for the restitution of conjugal rights. The court has the duty of granting a decree for restitution in the cases where either spouse has abandoned or withdrawn from the society of the other.

Dear Ravi Kumar,

You said that I think Indian law made only for woman’s favor

The true reason is that parliament have  made the law but before filing the case the court or other medium doesn’t have eye or camera that she use the law or misuse the law ,after filing we have to prove it, so that’s why its too difficult.

Parliament made the law for aggrieved women not for women who misuse it.  If Parliament

Made a law which punish those who misuse it, then real victim get remedy and no one like you complains about for that.

If your wife is cruel, then file for divorce under the Hindu Marriage Act, 1955.

Cruelty

A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

But here you said  If i live with some one without marry it will called adultary . 

Adultery

The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

If you have a relation with other woman then she wont give me divorce i know .Why???

If you live with other woman ,then its amount to cruelty to your wife.

Jara dimag se socho? She want to continue marriage with you although you don’t have kid.

Since 18 years you said cruel and rude behave lady you have to ask why she become rude ? did you examine the root cause behind them ?

My advice is to settle the issue outside the court and live with your wife happily.

Sir,

      Since your marrige was celebrated at Gujarat and your wife is presently residing at Gujarat courts at Gujarat have jurisdiction and you both resided lostly at maharashtra court at maharashtra also have jurisdiction.  It is your choice to choose the court.

After filing of RCR, if wife file for judicial separation and refused to come back. what will happen in the case???

My wife had gone with all my belongings as well as my 1 yr old daughter.  My filled a case u/s 392 and 506 against her father and brother.  After that she filled a false 498(a) and I filled RCR and she replied for judicial separation against my RCR.  Again she filled a 125 CrPC.  My wife is a government employee and I am a employee of Pvt Ltd Company.  Pls advise me for my next step.

Thanx to reply Mr. Kushan Vyas

I have tried it so many time but she wants share in my self earned property then after she will agree to give divorce , Here i would like to clear about me that i am a self made person i done very hard work in my life .me and my relatives already tried to convinced her that she should live happilly . But i dont know where she kept her mind and never try to understand while my parents already expired and no one live with me .