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Subhomoy Das (Retail Manager)     01 November 2011

Wife

MY WIFE LEFT MY HOUSE 14 MONTHS BACK . SHE WAS PREGNANT THEN. SHE LEFT CORDIALLY WITH HER FATHER ON THE PRETEXT THAT HER DELIVERY WILL TAKE PLACE AT HER PARENTS HOUSE.

SHE GAVE BIRTH TO A BABY BOY IN MAY, 2011. WHEN SHE WAS 4 MONTHS PREGNANT SHE JOINED IN SCHOOL SERVICE AS A TEACHER . HER SERVICE IS A GOVT SERVICE. SHE JOINED THE SERVICE WITHOUT DISCUSSING OR INFORMING WITH ME OR TO MY PARENTS. BUT SHE TOLD ME THAT SHE WILL LEAVE THE SERVICE ONCE HER MATERNITY LEAVE EXPIRES. BUT ONCE HER MATERNITY LEAVE EXPIRED SHE JOINED BACK TO HER SCHOOL AGAIN. THE SCHOOL IS A RESIDENTIAL SCHOOL. SHE IS STAYING AT THE SCHOOL HOSTEL WITH HER 5 MONTHS OLD BABY. SHE IS NOT READY TO RETURN BACK. SHE IS TELLING ME THAT DOING MATRIMONIAL HOUSE IS NOT NECESSITY FOR HER BUT DOING SERVICE IS NECESSITY FOR HER. SHE EVEN TOLD ME THAT IF SHE DOESNT WORK THEN SHE WILL DO INJUSTICE TO HER QUALIFICATIONS WHICH SHE GOT AFTER LOTS OF HARD WORK.  BUT SHE IS FORGETTING THAT BY DOING SO DOES SHE MAKING ANY JUSTICE TO HER MARRIAGE OR TO HER MATRIMONIAL OR TO HER BABY.  SHE STAYS AT THE HOSTEL. HARDLY TAKES 2 CLASSES A DAY. CAN AFFORD TO SPENT TIME FOR THE BABY. BUT DOESNT DOING ANY FAMILY DUTY AT ALL. HER SCHOOL IS JUST 8 KMS AWAY FROM HER PARENTS HOUSE. HER PARENTS HOUSE IS 368 KMS FAR AWAY FROM MY HOUSE AND IN DIFFERENT STATE. SHE WAS WORKING IN THIS SAME SCHOOL BEFORE MARRIAGE. AND SHE AGREED TO LEAVE HER JOB AFTER MARRIAGE. AS MY MARRIAGE WAS AN ARRANGE MARRIAGE , I TOLD HER THAT I WANT MY WIFE TO BE HOUSEWIFE. THAT TIME SHE AND HER PARENTS AGREED.  I `M BEING DENIED THE LOVE AND AFFECTION OF MY BABY AND HE TOOO IS MISSING HIS FATHER FOR NO FAULT OF MINE AND HIS. I HAVE TOLD HER REPEATEDLY TO COME BACK TO MY HOUSE, I HAVE WROTE ATLEAST 10 LETTERS ASKING HER TO COME BACK.I ALSO TOLD HER IF SHE WISH SHE CAN DO JOB HERE.  BUT SHE IS ADAMANT NOT TO LEAVE HER JOB AND ON THE JOB EXCUSE SHE CANT COME. SHE IS TELLING ME THAT SHE CANT MAINTAIN FAMILY LIFE AND SERVICE BOTH TOGETHER.AT TIMES SHE IS GIVING ME VAGUE REASONS THAT SHE WILL RETURN IF I LEAVE MY OLD PARENTS. I HAVE STRAIGHT WAY RULED OUT THAT AS ITS NOT POSSIBLE FOR ME TO LEAVE MY PARENTS. SHE AND HER PARENTS ARE TELLING ME THAT SHE WILL STAY AT THE SCHOOL HOSTEL WITH HER SERVICE AND BABY. I`L STAY AT MY HOUSE AND I HAVE TO DO THE DUTIES AS A HUSBAND AND AS A FATHER FROM MY HOUSE . BUT I`L HAVE NO RIGHTS. THEY THEMSELVES HAVE TAKEN THIS DECISION ON DUMPING ON TO ME. I DID ONE MISTAKE IS THAT I BELIEVED MY WIFE. AFTER MARRIAGE I SAW SHE WAS WRITING HER RESIGNATION  LETTER. BUT I DOUBT NOW WHETHER SHE HAD SUBMITTED HER RESIGNATION THAT TIME. SHE STAYED FOR 10 MONTHS IN OUR HOUSE.

MY QUESTION IS :

1. IF SHE HAD REALLY RESIGNED THAT TIME THEN HOW COME SHE GET THE SAME SERVICE AS IT WAS A STATE GOVT SERVICE ( GOVT SCHOOL).  I ASSUME THAT SHE WAS IN UNPAID LEAVE.

2. UNDER THESE CIRCUMSTNACES WHAT SHALL I DO. SHALL I FILE FOR RCR OR SHALL I FILE FOR DIVORCE STRAIGHTWAY. SHE IS NOT READY TO DIVORCE ME. MAY BE SHE MIGHT HAVE ANY AFFAIRS WITH ANY OTHER PERSON WHERE SHE IS WORKING. I DOUBT SO NOW. OTHERWISE I SEE NO POINT OF WORKING THERE. SHE COULD HAVE EASILY WORKED HERE.

3. AS SHE IS WORKING IN A GOVT SCHOOL , DOES SHE ELIGIBLE FOR ANY MAINTENANCE FROM ME? I`M READY TO PAY MAINTENANCE FOR THE BABY. CAN I GET CHILD CUSTODY AS I `M HAVING MY OWN HOUSE. BUT MY BABY IS STAYING AT THE SCHOOL HOSTEL WHICH IS NOT AN IDEAL PLACE FOR HIM. HE IS BEING DEPRIVED OF THE LOVE NOT ONLY FROM ME , BUT FROM HIS GRANDPARENTS, AND OTHER RELATIVES OF MINE.

 

PLEASE ADVICE.



Learning

 10 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     01 November 2011

Dear Subhomoy,

You are unnecessary creating fuss, please don't mind I am straight forward giving reply to you. Please talk to your wife clearly, give some time to her and your relationship and please don't allege and presume anything. Moreover she is mother of your child that's too baby boy. First try to solve all issues amicably without any interferance from any body.

Thanks & Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

Subhomoy Das (Retail Manager)     01 November 2011

Dear Mr. Bhasin,

Thanks for your kind reply. Tell me first who is creating a fuss. Myself or my wife.  As a natural process i asked my wife to return to my house after her delivery which is her own house. I never told her to join any service near her parents house. i never told her to stay in the hostel with the baby. She did all this thing by discussing with her own parents. She didnt even inform or discuss with me. Then who  i am to her. A husband or just a pet dog. Does she have any realisation that what blunder she is doing in the moment of Ego and Stubborness. DOES SHE HAVE ANY FEELINGS FOR HER BABY WHO IS DEPRIVED OF HIS FATHERS LOVE AND AFFECTION AND ALSO HIS GRANDPARENTS LOVE. WHAT`S MY FAULT AND THE BABY FAULTS THAT WE BOTH ARE SUFFERING FOR HER. I told her repeatedly to come back here to her own house. She could have join service here. How many times shall i travel 368 kms and back to meet with my wife and baby in a School Hostel. how many times?  Whats my fault. Is this for what i got married? Is this a life? tell me Mr. Bhasin. I`ve not got married just to seek divorce. Its the situation which she have created forced me to think so. I have my own life , my parents , my proffession...... The situation she had created forced me to make some conclusions and hence doubt. Had i doubted then perhaps this situation would not have occured today. I simply believed her because she is my wife whom i have put vermillion on her forehead, took 7 rounds across the sacred fire and promised to take care for her thru out my life. But what she did. Very easily she duped me. Never thought once of the marriage ceremony. I feel cheated now . I feel someone have stabbed me from behind. Due to all this i`m forced to think for divorce and hence some doubts are cropping up now. Had she returned to my house after her delivery and lead a normal married life i would not have posted my problems in LCI wall.So tell me sho is creating the Fuss. Me or She.

So, Mr. Bhasin, you are straightforward person. Fine. But  your sense of humor or power of judgement is absolutely a bigZERO.  So next time think atleast 5 times before posting on someone`s querries straightforwardly.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     01 November 2011

MR. DAS,

                IF YOUR WIFE IS HAVING AN AFFAIR WITH SOMEONE THEN THERE IS ONLY OPTION TO TAKE DIVORCE BUT IF IT IS NOT SO THEN BOTH OF YOU SHOULD GO FOR COUNSELLING  TO THE PSYCHOLOGIST. THE ISSUE CAN BE SOLVED.

Mahesh (Owner)     02 November 2011

It is a clear case of indirect cheating. Sorry for me saying. Whatat I observed isthat your wife wanted you to give her a baby and now she does not need you anymore. She used you as a sperm donor and nothing more. I believe you can talk to her and see if you both can come to an agreement for any one of the following:

1.She wants divorce

2. She does not want divorce but want you to stay with her at a place of her choice.

3.She wants to live as separated

4. She wants to come back to rejoin you at a place of your choice but some conditions from her.

5. She wants to come back to rejoin you with no conditions from her.

Once you come to some agreement, please record it and also let her know that you are recording it as something you both have agreed. This may help you understandyour course of action later and also may show that you are trying to resolve this issue in a matured way without putting any kind of pressure or being prejudiced at all so no action or allegations can be made against you later on.


(Guest)

By denying you Conjugal Rights your wife has put herself in an awkward position.Get some cues from 1984 4 SCC,pp 90-103.

Subhomoy Das (Retail Manager)     02 November 2011

Mr. MAHESH....

YES MY WIFE HAVE CHEATED ME. THATS WHAT I FELT. IF SHE JUST WANT A BABY AND USED ME AS A SPERM DONOR THEN ALSO ITS FINE. NOW SHE GOT THE BABY. SHE DOESNT NEED ME ANYMORE. THEN WHY DOES SHE IS NOT READY TO GIVE ME DIVORCE. I`M NOT DOING ANYTHING FOR HER AND NEITHER FOR THE BABY. SHE IS NOT DOING ANYTHING FOR ME AND MY FAMILY. THEN FOR WHAT SHE IS KEEPING HANGING THE RELATION I DONT KNOW. THERE IS NO MERIT LEFT IN OUR MARRIAGE.

1. SHE DOESNT WANT DIVORCE. SHE WILL NOT FILE FOR DIVORCE. TILL TODAY SHE HAVE NOT FILE FOR MAINTENANCE OR 498A OR DV AGAINST ME. EVEN SHE TOLD ME THAT SHE WILL NOT FILE MAINTENANCE CASE AGAISNT ME AS SHE EARNS ENOUGH TO MAINTAIN HERSELF AND THE BABY. BUT THEN ALSO SHE WILL NOT DIVORCE ME.

2. SHE JUST WANT THE RELATION TO BE KEPT HANGING. MAY BE SHE WANTS TOM SECURE HER FUTURE LIFE. SHE MAY HAVE PLANNED TO RETURN WHEN HER PARENTS WILL BE NO MORE IN THIS WORLD.BUT THAT ALL UNCERTAIN....

3. SHE WANTS THAT SHE WILL BE AT HER PARENTS HOUSE AND DOING THE SERVICE AND STAY AT THE HOSTEL WITH THE BABY. I`L BE AT MY OWN HOUSE WHICH IS 368 KMS FAR AWAY FROM HER SCHOOL. BUT I HAVE TO PERFORM THE DUTY AS A HUSBAND AND AS A FATHER FROM HERE. BUT I`L HAVE NO RIGHTS. THIS IS THE MAIN CONDITION SHE WANTS TO IMPOSE ON ME.  BUT ITS NOT POSSIBLE FOR ME TO LIVE IN THIS WAY. THEN FOR WHAT I GOT MARRIED. SHE IS ALSO DENYING MY LOVE FOR THE BABY AND ALSO MY CONJUGAL RIGHTS. IS IT A LIFE.

4. I HAVE SPOKE WITH HER ENOUGH. WROTE 10 LETTERS TO HER TO RETURN BACK . BUT OF NO USE. THATS THE REASON I WAS FORCED TO THINK FOR SEPARATION. SO SHALL I GO FOR RCR OR STRAIGHTWAY FOR DIVORCE?

Subhomoy Das (Retail Manager)     02 November 2011

Ms. NINA

WHAT AWKWARD POSITION MY WIFE HAVE PUT HERSELF BY DENYING MY CONJUGAL RIGHTS. PLEASE CAN YOU ELABORATE. SHE IS SHOWING HER ATTITTUDE IN SUC A WAY THAT SHE MEANS TO SAY THAT INDIAN LAW IS FOR THE WIVES. WE CAN DO ANYTHING. IF YOU CAN TAKE ANY ACTION BY LAW THEN TAKE AND SHOW US. BASICALLY YOU ALL HUSBAND CANT DO ANYTHING AGAIANST WIVES. THIS ATTITUDE SHE GOT.


(Guest)

Subhomoy: Tell her that you'll not only leave your parents but will leave your job and live with her wherever she is. If the quoted case law has not given any cues, try the experiment I suggested in this post. She'll SING.

Tajobsindia (Senior Partner )     02 November 2011

@ Author

Calm down.

1. File RCR and see what she says to your 'first mover advantage'. 
Here we are talking in suspended vaccum situation it seems and giving you hypertension. Nina's given citation hint is quite useful in your situation but then "some activity under marriage laws Sections" has to be acted upon by either party to see other spouse legal rebutal as material record instead of continuing in a suspended vaccum.

2. If she does not wish to take first movers advantage inspite of Laws in her favor then you take the powerful advantage of RCR which is logical remedy as per brief narration and it is not so that you have to stick to RCR demand for eternity as it can be withdrawn / converted / mutually agreed later as the situation emerges but to see its effect in briefs narrated situation if she is not moving forward then you move first and file RCR and come back here after its first date of appearance by her and we will review its outcome and guide further.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

I diagree, filing RCR is a waste of time, money and energy.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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