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Need Help... (MIS-Executive)     06 December 2013

Please help...

My Wife going for Divorce..... We have 3 years Kid .... I dont want divorce... but i cant stay without my son... she left me 9 months before with kid all house hold material from my rented house. We know each other from 2004. Love marriage we done court marriage in 2007 and after court marriage she staying with her parents and me too. we convence our parents for Maharatrian Type marriage coz she want to go for that marriage. then we done in 2008 that type marriage. we were staying with my parents. After that many time she left my home coz she dont want to comfortable with my parents. Whenever she wants to go her parents house she gone. Many time she go there and asking me for divorce. everytime i convence her and get back to my house. But whenever she came she put new condition many time i fulfilled also but she never satisfy. She also working me also working. i never stopped her. When we have baby. and he is 3 months old that time i told her to dont go for job sit at home and give time to baby. but that time she told me i also have career i dont want to spoile my career. i never stopped her that time. in our five year of marriage she stay with me only 1 and half with me most of the time she with her parents. after baby she 11 month with her parents only then she put new condition she want separate home. we took and stying there. but she wants to do job then one question is there who's take care the baby. then she told me u keep baby with ur parents. they will take care. my rented house andd my parents house only 4 building long.

so every day i left my baby to my parents house and then i go to my job. she left for job early morning 8 o'clock and evening cameback 7.30'oclock. my office time is 9.00 clock and i reached office 11.00 o clock every day late mark. most of my salary deducted in late mark. then evening also when i came back almost 9.00o clock i was go to my parents house and took baby and came to my rented house. when she came in our rented home that time also she kept one condition ahe told me i will stay with u only 2 years after that i will go back to my parents house.

every day new issue and we fight. some time she called my office and fight some time when i reached home she fight. many time on money its not means i never gave her money. her issue is i m paying some part of my salary to my parents. she dont want this. but i never asked her single penny from her. i never asked her how much she had salary. i never asked her what r u doing with ur salary. i dont feel. Her parents are most of the time came to my rented house and staying 10-15 days. that time also i spend money but i never ask. i m not saying she never spend she also spend. My parents or any of my family member never came to my rented house not ever for hrs time also. coz she dont like. we stay separatly almost 1 and half year. 

Now she fight with me and go to her parents house. and stying there last 9 month. i met her and try to convence her.i dont want to force her... i want to convence her. but she is not ready now days i heard she going for divorce. in five year she never wish her my birthday. After marriage she never use matrimonial name i never force her also. one more thing Her Older sister working with MAHILA AAYOG she is ADHYAKSH over ther so she gave me many time Dhamki. Every they raise police complaint also against me but Police never entertain them. coz its ur family matter u seat together and solve it.

But now she put new condition , she told me she never cop up with my family or my family member she want seprate house (again) and i never pay anything to my family. so i realised whatever u do for her its nothing. so i said not possible. when u left u never think about me. where he go?, what he do?, what he eat?. nothning.

after three month of left the house she done addmition of baby in local english school. That time she realised to she have to use my name with her name. but her sister marriage patrika she print her paretial name. she work in many office in last 5 years but every where she use different different name.

Now where she is living house is name of her. she is owner of the property. She is working in good organisation as a Gm- Secretory. Have good pay of salary. but in my situation i working in good organisation but that frustration i had left my job where i worked 8 years even next year i m going to good position like manager but i never consentrate on my job and i have to left the job. Now recently i m joining 1 new organisation i m on probation period.  

There is very big story i completing in very short matter i never right any harressment she given to me. any how i have to face the situation and now i have to face that divorce. Now 

My Query is  :

1) Divorce she can asked for almony or baby maintenance.?

2) After divorce court say me u have to pay maintanance for baby How much?

3) I dont have any property on my name if any property if i bought any property on joine with my mother name can she asked part of this property.?

4) if she can asked then can i ask the part of her property?

5) if i want to save my family, My Son and My Wife also what to do.?

6) If mahila saver organisation is there in india ...  there is no any organisation who save  men.?

7) I want to stay with my all family together save me and help me

 

 



Learning

 4 Replies


(Guest)
Originally posted by : Save Me n My Wife...


My Wife going for Divorce..... We have 3 years Kid .... I dont want divorce... but i cant stay without my son... she left me 9 months before with kid all house hold material from my rented house. We know each other from 2004. Love marriage we done court marriage in 2007 and after court marriage she staying with her parents and me too. we convence our parents for Maharatrian Type marriage coz she want to go for that marriage. then we done in 2008 that type marriage. we were staying with my parents. After that many time she left my home coz she dont want to comfortable with my parents. Whenever she wants to go her parents house she gone. Many time she go there and asking me for divorce. everytime i convence her and get back to my house. But whenever she came she put new condition many time i fulfilled also but she never satisfy. She also working me also working. i never stopped her. When we have baby. and he is 3 months old that time i told her to dont go for job sit at home and give time to baby. but that time she told me i also have career i dont want to spoile my career. i never stopped her that time. in our five year of marriage she stay with me only 1 and half with me most of the time she with her parents. after baby she 11 month with her parents only then she put new condition she want separate home. we took and stying there. but she wants to do job then one question is there who's take care the baby. then she told me u keep baby with ur parents. they will take care. my rented house andd my parents house only 4 building long.

so every day i left my baby to my parents house and then i go to my job. she left for job early morning 8 o'clock and evening cameback 7.30'oclock. my office time is 9.00 clock and i reached office 11.00 o clock every day late mark. most of my salary deducted in late mark. then evening also when i came back almost 9.00o clock i was go to my parents house and took baby and came to my rented house. when she came in our rented home that time also she kept one condition ahe told me i will stay with u only 2 years after that i will go back to my parents house.

every day new issue and we fight. some time she called my office and fight some time when i reached home she fight. many time on money its not means i never gave her money. her issue is i m paying some part of my salary to my parents. she dont want this. but i never asked her single penny from her. i never asked her how much she had salary. i never asked her what r u doing with ur salary. i dont feel. Her parents are most of the time came to my rented house and staying 10-15 days. that time also i spend money but i never ask. i m not saying she never spend she also spend. My parents or any of my family member never came to my rented house not ever for hrs time also. coz she dont like. we stay separatly almost 1 and half year. 

Now she fight with me and go to her parents house. and stying there last 9 month. i met her and try to convence her.i dont want to force her... i want to convence her. but she is not ready now days i heard she going for divorce. in five year she never wish her my birthday. After marriage she never use matrimonial name i never force her also. one more thing Her Older sister working with MAHILA AAYOG she is ADHYAKSH over ther so she gave me many time Dhamki. Every they raise police complaint also against me but Police never entertain them. coz its ur family matter u seat together and solve it.

But now she put new condition , she told me she never cop up with my family or my family member she want seprate house (again) and i never pay anything to my family. so i realised whatever u do for her its nothing. so i said not possible. when u left u never think about me. where he go?, what he do?, what he eat?. nothning.

after three month of left the house she done addmition of baby in local english school. That time she realised to she have to use my name with her name. but her sister marriage patrika she print her paretial name. she work in many office in last 5 years but every where she use different different name.

Now where she is living house is name of her. she is owner of the property. She is working in good organisation as a Gm- Secretory. Have good pay of salary. but in my situation i working in good organisation but that frustration i had left my job where i worked 8 years even next year i m going to good position like manager but i never consentrate on my job and i have to left the job. Now recently i m joining 1 new organisation i m on probation period.  

There is very big story i completing in very short matter i never right any harressment she given to me. any how i have to face the situation and now i have to face that divorce. Now 

My Query is  :

1) Divorce she can asked for almony or baby maintenance.?

Yes.  She can ask.  But as she is a working person, she wont get any maintenance, provided you prove to the court that she has been a working woman.  To prove that she is a working woman, you can show her bank statement, or ask for call of records from her employer through court.   But for the baby you have to contribute some money [both of you] which shall be decided by the court depending on both of your incomes, and the baby's age.



2) After divorce court say me u have to pay maintanance for baby How much?

Yes, after divorce too, you will have to pay the maintenance for the baby until it becomes 18 years old.  Both of  you have to contribute some money towards maintenance for the baby which shall be decided by the court depending on both of your incomes, and the baby's age.

 


3) I dont have any property on my name if any property if i bought any property on joine with my mother name can she asked part of this property.?

NO.



4) if she can asked then can i ask the part of her property?

 

5) if i want to save my family, My Son and My Wife also what to do.?

Beg, plead her to come back and start afresh, that is the only option you have got.



6) If mahila saver organisation is there in india ...  there is no any organisation who save  men.?

You can as well be a founder of such organisation, by starting one, for learners there is SIFF, you can get in touch with local SIFF.




7) I want to stay with my all family together save me and help me

Say this to your wife, if she agrees then you can all stay together and save the family.  It all depends on your wife's decision and your capability to convince her to come back to you.  


In all this it is really a shame when you tell that you both had LOVE MARRIAGE.  Shame on you both, what love what marriage.

 


Laxmi Kant Joshi (Advocate )     06 December 2013

1.brother i had gone through your story , i suggest if she files for seeking divorce give her divorce because agreeing on every conditional demands , and most of them you feel difficult to care your parents as she annoyed is a deep sorrow, you can get visitation right from the court to visit your son , 2. collect the information regarding her job either she is working or not if working keep the name and address of the company with you when she claims for maintenance for her and the child that time request to the court to give direction to that company to bring her service detail in this way she will not get any maintenance amount for her , for the child maintenance amount court will see income of both husband and wife and then decide maintenance amount for child as mother and father had joint responsibility for the maintenance of their child .3.you can purchase property in your name also till date she didn't claim any right over it , better to purchase in your mother name.4.don't afraid from her sister if she threats you then told her you are going to report in the Media that president of mahila aayog is misuing her power, post and platform in threatening you .

Need Help... (MIS-Executive)     07 December 2013

Thanks all ..

Also required more suggetions

more possiblities and impossibilities....

What is my next step... ? I know its all depend all on me or my wife... ? But when the center for whole my stories... still waiting for my baby....

 

Plssssssssssssss Help me... through ur suggetions


(Guest)

After divorce, the wife is entitled to maintenance from her husband. The Supreme Court had ruled that a woman who has been deserted or divorced can claim maintenance from her husband in spite of her efforts to earn a monthly income, if the money is not enough to provide for the lifestyle she enjoyed before their separation.

 

However, if the working woman is able to enjoy the same position as she had while she was with her husband; she is not entitled to maintenance from the husband. What needs to be proved by the husband in such cases is that, the woman is earning, and the earnings are sufficient to allow her to enjoy the position as she had before being separated from the husband.

 

With regards to the maintenance for the child, the husband is to pay for it. The maintenance for the child would be as much as is sufficient for the well-being of the child- the schooling, clothing- the well-being and best interests of the child. The amount therefore would vary and depends on the Court to decide based on the income of you and your wife.

 

As per the current law, the wife does not have a claim in the property of the mother-in-law. She may claim for a right to residence in the matrimonial home under the Domestic Violence Act, however, she is not entitled to any specific share in the matrimonial home. You may go for marital counseling and try to convince your wife to not proceed with the divorce. There are various organizations in India that are designed to protect the interest of the husband.

 

As it has been recommended by Helping Hand, you should approach the ‘Save Indian Family Foundation.’ You may opt for counseling in your case, it might help.

 

–Regards

Advocate Pooja

www.lawkonect.com


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