NiceManMyself (self) 25 April 2012

Questions on mcd

Hi,

My wife left home saying she doesn't want to live together, about 9 months before. We are married for 13 years, and there are no major problems, most of the issues are small ones which happens in every family. We have two kids aged 11 and 8.

Both sides in family tried to patch, but she didn't listen. She has disowned every one, including father and two brothers, and left with another brother to a remote location far far away. The brother who took her away doesn't work since last 8 years (he worked in US before for about 5 years before), and not married. My wife is B.Com graduate.Wife doesn't work, she is house wife,

I have two flats, both properties registered as joint-properties. both properities are acquired after marriage with my own income. Kids are with me, and my parents are taking care of them. She doesn't talk to kids even when they call them, and has recently sent a message asking me to talk to her lawyer. We don't know what her demands are, as i have refused to call her lawyer, and i have asked her to take steps if she wants divorce.

1. It seems her advocate adviced her that whoever takes first step will be at disadvantage later. is that true?

2. If her demands are unreasonable, how do one go about MCD? How do i negotiate when my wife is not physically present and refusing to talk to us?

3. Given this situation, what is the right amount of maintenance money? She is a graduate, and should be able to earn her own money (though she never worked), and that I am taking care of my kids and parents.

4. How does new propsed law - irretrivable breakdown of marriage come to play since both properties are acquired after marriage, and registered in joint name.

5. My lawyer sugged that i wait for 1 year from the day she left home and after that we file for desertion and cruelty in court. Since she sent a message that i talk to lawyer, should i talk to the lawyer and findout what are her conditions, or wait until she initiate legal proceedings?

Please advice

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 25 April 2012

I think between you and your wife there is interference of 3rd person. Still you have got a chance, convince her properly, Take the help of your elders.

NiceManMyself (self) 25 April 2012

Dear Adv. Rajeev - Many relatives (from her side and my side) and common friends have spoken, she has asked them to mind their own way. Her claim is that she has been tortured for 13 years, and she can't put up any more. I spoken to her father and two brothers, they seems least interested in resolving the problem - not telling any means to solve the issue, they said, only when she returns for discussions, we can involve elders in family and discuss. Since she is a far away remote location, and doesn't want to return, there is stalemate.

Adv. Chandrasekhar (Advocate) 25 April 2012

Irrespective of whether you file contested divorce case or she files contested divorce case, or both go for mutual consent divorce case, she has got the following rights as on date:

1. She is entitled to maintenance as she is not earning at present.

2. She has got her share in joint properties, where the title is in joint names.

NiceManMyself (self) 30 April 2012

Hi, I want some opinion of this case, i am seeing few options to move forward towards conclusion. Please let me know what steps i can take

1. talk to wife's father, brothers and other relatives, see what's their feedback, and thoughts on next steps. Very likely, as in past, they will say they are helpless.

2. Talk to her advocate and find out what are the terms for divorce from wife's side (she sent a message through a relative few weeks ago, asking me to contact her advocate, i refused to contact, and asked them to talk to me directly). i was told advocate will contact me, till now, no information.

3. Keep quite, as i have no need for divorce right now. If wife's side wants divorce, let them come forward for dicsussion.

4. wait for one year period, and file a petition for desertion and cruelty.

Please let me know if any other option one can think off. I am confused on what is the right step

rajiv_lodha (zz) 30 April 2012

3. Keep quite, as i have no need for divorce right now. If wife's side wants divorce, let them come forward for dicsussion.

My openion endorses it.

NiceManMyself (self) 02 May 2012

1. During some heated discussions in past, i have told my wife that we can get separated and get divorced if we can't agree to live together peacefully. I have told her few times like this. Will this amount to cruelty? He says, she was tortured etc based on such discussions.

2. If i apply for RCR, and is forced to come back, but mentaly doesn't co-operate and doesn't perform her duties as house wife, can i file for divorce? Should there be any minimum duration between RCR & Divorce?

3. If i apply for RCR, onus will be on her to prove that why she can't live with me. In case decree is in my favour, and she doesn't back, what is the time duration before i apply for divorce? Will she be eligible for maintenance in this case?

Adv. Chandrasekhar (Advocate) 02 May 2012

Originally posted by :NiceManMyself

In certain circumstances it is cruelty and in some other circumstances, it may not be. Precisely one cannot comment on such issue. The court takes various factors into consideration before deciding a particular fact is "cruel" or not in matrimonial terms. If the word is uttered on several occasions, it appears to be cruel.

2. If i apply for RCR, and is forced to come back, but mentaly doesn't co-operate and doesn't perform her duties as house wife, can i file for divorce? Should there be any minimum duration between RCR & Divorce?

Yes. Some reasonable gap is to be given to substantiate your own argument that she is not performing her duties as house wife.

3. If i apply for RCR, onus will be on her to prove that why she can't live with me. In case decree is in my favour, and she doesn't back, what is the time duration before i apply for divorce? Will she be eligible for maintenance in this case?

Initial onus will be on her. Once she proves that there are reasonable grounds to stay separately from husband, then the burden shifts on husband. After getting RCR decree file for execution and if it is not executed, one year after passing of RCR decree, you can file divorce petition.

Questions on mcd

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