Section 9

What the court will do will depend upon the overall facts and circumstances of the case and does not depend upon mere filing of copy of FIR. There are many things to be considered and the case should be argued properly. Submit a proper reply to her maintainance application.

if you have any evidences to show that the fir complaint is false filed by your wife show them to your lawyer and also for maintenance take her salary slip for 3 months latest which will be useful for the evidence in the case as she is already working 

and one more point you can show that the village as no proper school and high standard schools and at your place you can join in a reputed school 

Mahesh Sir, I don't have any evidence, we had arguements at home and no one was there at home at that time, except our children of 3 & 1.5 yrs respectively. Secondly she had stated in maintenance that she is earning 3500 and her salary is directly credited in a new account opened by her through college.

Mr. Narayan Pandey, How unfortunate it is that no one is telling you that how bad you are are treating your wife.  She is a human being and not a servant.  A teacher she is, who is moulding the young branins, cannot be servile and can never servitude whatever the religious ethos impose the responsibilities on a woman in India.  Being a human being she has got every right to eke out her livelihood and be financially self reliant.  As husband you should have supported her and tried to understand her.  Instead of that you forced her to live far away from her workplace and after her entire whole day work and travel, still you insist her to do all the domestich chores.  Is there no stop for man's demands against woman?

As there is no ground for you, you cannot get divorce by contest.  In the given facts, going for job is not a ground for divorce.  Refusing to do entire domestic chores after doing a whole day's work and travelling a lot of distance due to your insistence of her staying you with your parents, cannot be considered a ground for divorce.  You are also under wrong impression that divorce decree/decree for judicial separation will ensure you custody of at least one child.  The law does not say so.  The custody will be given only keeping the paramount interest of the child and nothing else, where as visitation rights to the non-custodial parent are the norm.  Only silver line in the dark cloud for you is that if she obtains judicial separation (some one wrongly advised her on this count), after one year, if co-habitation not happens, you can go for divorce.

Again earnestly request you without much hope that you try to understand the aspirations of your wife, who is present generation of women and you will have a blissful matrimonial life.

Thanks Chandu Sir, for your difference of opinion and analysis. I had mentioned the broadlines of the case in this forum. Talking about human being, we all are humans, irrespective of gender. Whatever job we are doing is a contribution in a society to keep the balance, weather being a teacher, doctor, lawyer or businessman. Regarding Imposing any religious responsibility on a woman in India, is quit true, but not for every single woman. Being a woman she do have right to eke out her livelihood and be financially self reliant, no objections in that. I am not against her job or carrier. She could get a better job in my town also, but for that she should have tried once. I would had happily supported beyond my limits. Arguement between us was on not giving me the lunch that day, and she replied that I will not do any domestic chores. It was the same intention which was reflecting, when she was not in the job earlier. As she was out for her duty whole day, I had also taken care of 2 kids leaving all my other work. My intention is not to take JS or Divorce or having a custody of children, shall make me happy in any which ways. But if my wife thinks that is the only solution, I'll be left with no option. Regarding aspirations, in January 13 I had a promotion in my hand, which I declined. If in future I had to leave abroad for the same aspiration, as that of my wife, who is present generation of women. Will that be fair with her or children ? Will you convince my wife for the same ?

FIR is filed for criminal cases.  What follows next is filing of chargesheet and framing of charges by court.  Maintenance is different case.  You have not mentioned under which section she is claiming maintenance.  Maintenance can be claimed under HMA, DV Act and Cr.PC.  Judicial separation is petition under HMA.  Is maintenance part of petition for Judicial separation?

I think the best course for you is to accept for Judicial separation, it gives one year time to remain separate and ponder over the question of maritual reunion.  After one year anyone of you can move court by an application saying, cohabitation had not resumed during period of judicial separation and no understanding had been reached at hence grant divorce.  Judicial separation is a legal way of preventing the wife forceentering your premises, though I do not suspect that happening in your case.  Your wife, it seems is illadvised by some advocate to file criminal case against you. 

Chandrachekhar Sir, I don't know under which section she had applied for maintanence. But I had read the copy of that application given to my lawyer. In which it was mentioned that She is doing a job in a college for 3500, managing 2 kids expenses and is dependent on her father and she can't afford the fees of lawyer, and her monthly req is 10000 per month. So I should give all the expenses along with the travelling charges of 1000 per visit of court. She has stated that I am earning 30000 PM. However, my Salary is 20000, TA-DA 10000. Out of which Basic Salary is 6000. In that application JS was not mentioned. My wife is not Illadvised to lodge a FIR by her lawyer, but that was the instruction from her father to herself & Lawyer. That conversation I had heard on mobile. And thats why "she was dictated the apllication in Police Station by her lawyer over telephone" said by lady TI.

Pandeyji,  though it is gross injustice to pay maintenance on these terms, courts do award maintenance based on the understanding that the wife's status and standard of living should be at par with that status and standard of living that she have had at her husband's house.  I personally do not agree with this understanding because it is one thing for a husband to bear his wife when she is at home and another to maintain her when she is separated that too at par with his status.  For example, your Salary is Rs.20000/-.  You can afford to take a flat on rent for Rs.6000/- for your family of four, say, you, your wife and two children.  Rest of Rs.14000 goes for other household expenses, say. 

Now what happens when the wife is separated?  She needs accommodation at par with the status and standard of living of the husband.  That means she needs a house having rent of Rs.6000/-.  Other expenses that she might incur may come round to Rs.5000/-.  Court awards Rs.11000/- maintenance.  Can you manage your house with Rs.9000/- paying Rs.6000/- for rent?

Suppose you say to court, "because you (court) say that my wife should live at par with my standard of living, I will take a house on rent for only Rs.1000/- because otherwise I cannot manage my expenses paying Rs.11000/- to my wife, so you please reduce her maintenance by Rs.5000/- so that she gets Rs.1000/- for rent and other expenses Rs.5000/-".....even that would not be acceptable to court, because how you will live today is not a matter of concern for the court, how she lived when she was with you was the only matter of concern decided about the quantum of maintenance.  That is why I feel it is gross injustice....but still you try to convince the court on these lines if you can. 

Chandreshekhar Sir, I am living in my parents owned house, I do give a fix amount to my parents also, as they r retired from private jobs. And my wife is living in her ancestors house. Shall Rent will be included in maintenance in such case ? However, my lawyer is very clever I should say, he shall definetly fight at his best for Justice. And that is all I expect from Law. If I had to pay something unreasonable, I'll pay for my children indeed.

i am in army there is instruction written that mobile phones are not allowed in the classed & the examination hall . in my

final exam there was an annoucement made by the one invigilator that anybody caarying the mobile keep it switched off on a

table so i did.later ther were asking someone that as to why he is carrying a mobile then i thought there is some confusion

in carrying the mobile so i called my invidilator & asked the same is there any confusion regarding mobile so she shoute &

said as to why i was carriny the mobile then i explan her there was a annoucment made so i followed that then she switched on

the mobile & checked whethere there is material in it or not so there was a material for same exam i explain her that the

switched off mobile can not help me that isall togather diffrent that material is in side oir not which could have helped me

writing my exam...how to explain now she is charging me & taking action .she is giving a big punishment.& the punishment will be affecting my currier.
 

Hello Prashant , Please advice me otherwise my currier  is all most gone...

i am in army there is instruction written that mobile phones are not allowed in the classed & the examination hall . in my

final exam there was an annoucement made by the one invigilator that anybody caarying the mobile keep it switched off on a

table so i did.later ther were asking someone that as to why he is carrying a mobile then i thought there is some confusion

in carrying the mobile so i called my invidilator & asked the same is there any confusion regarding mobile so she shoute &

said as to why i was carriny the mobile then i explan her there was a annoucment made so i followed that then she switched on

the mobile & checked whethere there is material in it or not so there was a material for same exam i explain her that the

switched off mobile can not help me that isall togather diffrent that material is in side oir not which could have helped me

writing my exam...how to explain now she is charging me & taking action .she is giving a big punishment.
 

My wife & me had mutually agreed to take back our Cases in following conditions :

1. I'll let her stay in her parents home untill March 14 for her professional achievements. But what if she extend that period ?

2. She will take back her complaint against me from police station. How can I protect myself & be sure that she will not report any such false FIR against me in future ?

3. I shall never file RCR against her in future & I shall take back my case of Section 9 also. Will this be an advantage for her ?

4. She will not demand for Maintenance, However I have offered her to pay a certain amount untill she is away. Can she demand for the same in court in future for any reason ?

5. I shall stay seperately from my parents in future, when she returns. My parents have allowed for that.

6. Co-habitation will take place only after I take back my case. Why such condition ?

7. My daughter will study there only for next 1 year. In any which means I will not claim for custody for her better study staying with me ?

8. My father in law has given written statement in police station that I have forced her for dowry & I take alcohol. I had never asked for dowry, infact I have transfered 1.25 lacs in wife's account. Our marriage was 100% dowry free, I had not taken a pillow even. But, yes I do take alcohol in solitude, but never been a disturbance to any one in any which ways. How can I be sure, that if I take back my case, in future I shall not be alleged.

                        My intentions are pure regarding re-uniting with each other. I have agreed to all the above points of her, now if I do so, what shall be the consequences & precautions I should take in future to avoid any mishaps ?  How can we apply in court for the same, which can protect me.