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My wife is not staying with me

Page no : 2

(Guest)

File RCR.  Thats the only option you have got.  


If she wanted to stay only with her parents, why did she marry you?  Why did she spoil your life?  


If they threaten you.  Dont be afraid.  Any case they file against you, nothing will happen.  


Only thing is you will lose time behind court cases.  thats all.


Rest all humiliation etc are a part and parcel of married life, some you see while staying together, some you see while you are in court.   But decide for yourself, is she worth it?


Is running behind her any more worth?  You should have understood what she is long long back, 8 years is long time to understand a person.  The moment you came to know that she dont want to stay with you, but insists on staying with her parents, then itself you should have gone ahead and filed divorce.  By this time you would have gotten divorced.

Anyway better late than never.  File RCR, give 2 weeks time for your wife to come back to you, by the end of 2 weeks, file divorce based on desertion.  


No question of paying 10k to her, as she left you on her own will and wish.


Love affection etc are nothing, they are of value only when reciprocated both ways.  So dont worry.

Keep in touch.  All the best.

NATARAJAN IYER (Proprietor)     08 December 2014

 

1) Summons can be even hand-delivered by the court ameena .............................meet him-------------

 

2) KEEP QUIET ---- WATCH IN SILENCE FOR ONE YEAR, what she does....

 

when they contact you, get them to your terms ----

 

This irresponsible behaviour of leaving an entire family life, abruptly and vanishing over-night is 

 

becoming common and is really crossing all limits ......

 

As a reader of the Times Of India, opined

 

" People today seem to assume that they can do anything and get away with it. " --------------

 

3) file a habeus corpus ---- A writ of habeas corpus --- tell your advocate to

do this....on grounds of strong suspicion that your wife is not alive

at all and that she has been kept in forced and illegal detention by

her own parents or somebody is speaking over phone mimicking

her voice or even by using some or the other software easily  available

today.....the court can direct your wife to be produced in the court

---- if she comes there and declares that she is with her parents

on her own free will and no force has happened, your advocate

can argue that notices are being returned by her parents and

thereby after a few times of attempting to reach the wife,

it is a natural conclusion that 

 

THE WIFE IS NOT SPEAKING AND AIRING HER GRIEVANCE, BUT HER PARENTS AND

 

OTHERS ARE SPEAKING AND AIRING THEIR GRIEVANCES, IN THE NAME OF

 

SUPPORTING THEIR DAUGHTER....

 

SINCE YOU ARE MARRIED TO HER AND NOT TO HER PARENTS AND OTHERS,


SHE IS LEGALLY DUTY-BOUND TO RESPOND TO YOU, FAILING WHICH YOU


SUSPECT THAT HER LIFE ITSELF IS IN DANGER AND IT IS NOT CLEAR


WHETHER SHE IS ALIVE OR NOT, SINCE NO NOTICE IS REACHING HER AND

 

IS BEING TURNED DOWN.

Vicky (NA)     20 December 2014

Hello Sir,

 

I had sent them summons, but they did not respond. My lawyer says that he will send the summons again after few days. I have few doubts in my mind, request you to please clear my doubts.

 

1) Can she file maintenance case against me. I am paying around 10,000 to bank for personal loan (Which I took for purchasing land in her name). Still she will be eligible for maintenance ?

 

2) From last 1.9 years, she is not living me. After how many months, I can directly file divorce. Someone says that I can file divorce after 2 years from the date she is not stay. If they will not respond to my notice, and I file divorce, Do I need to give  her maintenance or not?

 

3) If I file divorce, and she will not ready for same, How much time it will take to get me divorce?

Vicky (NA)     21 December 2014

Requesting someone to help me.

Vicky (NA)     21 December 2014

Requesting someone to help me here. Your suggestion and help can give me some relief.

Vicky (NA)     22 December 2014

Requesting someone to help me.


(Guest)
Originally posted by : Vicky


Hello Sir,

 

I had sent them summons, but they did not respond. My lawyer says that he will send the summons again after few days. I have few doubts in my mind, request you to please clear my doubts.

Only court has powers to send summons, not you, you can just send legal notice through a lawyer. 

1) Can she file maintenance case against me. I am paying around 10,000 to bank for personal loan (Which I took for purchasing land in her name). Still she will be eligible for maintenance ?

 If court asks you to pay maintenance, tell court that you are paying such money for the land she brought in her name, let her go and put tent there.

2) From last 1.9 years, she is not living me. After how many months, I can directly file divorce. Someone says that I can file divorce after 2 years from the date she is not stay. If they will not respond to my notice, and I file divorce, Do I need to give  her maintenance or not?

 Are you waiting for the President of USA to come and give you a NOC for you to file divorce?  One can wait for a woman to change for a period of time, if she wont change, either you can throw her out or accept her the way she is and live with her thinking that its your fate, but in your case, your wifes whereabouts are not known, in such case, you file for divorce and get exparte orders,  Marry someone else, why you waste time here in online legal forum?

3) If I file divorce, and she will not ready for same, How much time it will take to get me divorce?

You are asking astrological questions, better contact a Bejan Daruwala.  As per my extensive experience in matrimonial disputes, it will take 7-8 years to get divorce if case is contested by wife, if your wife agrees to MCD< great, you free man in no time.

Vicky (NA)     22 December 2014

Thank you very much for help. Actually the summons has been issue by court and my lawyer get that and sent it to them, but they did not accept.

T. Kalaiselvan, Advocate (Advocate)     22 December 2014

Your lawyer will be the better person to advise you further steps to be adopted in this situation based on the stage of the case, ask him.

Ms.Usha Kapoor (CEO)     22 April 2018

I've seen your PM in inbox. My abswer i9s as follows. You can go to your native state and fight RCR case against your wife as ypou are not keeping good health and unable to pay heftymaintenance.Read the following SC observation in a recent case:

The Supreme Court observed: “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. We had become too liberal in acceding to their requests. But the husbands also have a right. Why the husbands should be always made to suffer.”

Thus, what the Supreme Court appears to be saying is that it may not be proper to blindly transfer all the matrimonial cases on wife’s requests and that the court should also examine in a judicious manner the merits of the case and the hardship caused to both the parties.

One cannot agree more with the court. There are a few cases where the husband may be facing more severe hardships and may perhaps have to be protected. At the same time, one hopes that the general approach of the Supreme Court will continue to be in favour of the women, other things remaining equal. Thus, a balance needs to be maintained with a clear pro-woman tilt wherever other things are equal.

Please click the  following link for further information.

https://tilakmarg.com/news/husbands-cannot-be-made-to-suffer-every-time-says-supreme-court/


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