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satya prakash (Clerk)     11 April 2013

Wife left with her parents

Dear All

In my case Wife left when I went to office without informing me or my parents, later she never bothered to approach me though my parents tried to settle matter once. But now after one year she filled crpc 125, so wanted to know one thing, SHe has deserted my life under influence of her parents & she willfully left without any information to me.

Now How can I prove same to court so that maintainance can be saved?



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 April 2013

You will have to prove that you have not neglected her willfully.


(Guest)

Wife who deserted husband cannot be awarded a penny of alimonny :-))


You have to prove that she went off without your knowledge, and does not want to return back to you.


File RCR, that will be the first step.


(Guest)

Dont file RCR, send a lawyer notice asking her to come back by so and so date else you are not responsible for further consequences.

satya prakash (Clerk)     11 April 2013

Dear Raju Sir, helping hands & stalker

Thanks. Yes but Im nt interested to file RCR or send any lawyer notice because this kind of drama not happened first time. There is no chance at all I dont wants to accept her back as already my wife & her parents spolied 7 years not only mine but also my parents. Now from 3 years my kids life as well. But the thing is if she comes back it will be trouble for me & my family. so I want to play game tactically so that she should get maintainence but not 75k per month what she is asking. She should get awarded with minimum like 2-5k then game will change.

Rite now I heard that her parents are making sure she is getting married once again & none of them interested to send her back. But not sure that might be the rumour as well to make us silent.

So seniors kindly suggest How to handle situation?

1) How can I prove that she willfully desrted my life under her parental influence? ( Which is true)

2) Main culprit here is her parents as under her parents guidance she do all this nonsense to extort money

3) Her parents have same background in past her parents were guilty in many cases where they tried to grab his own bro's property. I have case numbers for same.

Here this drama is getting played for money only.


(Guest)
Originally posted by : satya prakash

Dear Raju Sir, helping hands & stalker

Thanks. Yes but Im nt interested to file RCR or send any lawyer notice because this kind of drama not happened first time. There is no chance at all I dont wants to accept her back as already my wife & her parents spolied 7 years not only mine but also my parents. Now from 3 years my kids life as well. But the thing is if she comes back it will be trouble for me & my family. so I want to play game tactically so that she should get maintainence but not 75k per month what she is asking. She should get awarded with minimum like 2-5k then game will change.

Rite now I heard that her parents are making sure she is getting married once again & none of them interested to send her back. But not sure that might be the rumour as well to make us silent.

So seniors kindly suggest How to handle situation?

1) How can I prove that she willfully desrted my life under her parental influence? ( Which is true)

2) Main culprit here is her parents as under her parents guidance she do all this nonsense to extort money

3) Her parents have same background in past her parents were guilty in many cases where they tried to grab his own bro's property. I have case numbers for same.

Here this drama is getting played for money only.


7 years is long time. I REALLY cannot make out how did you manage to have kids in all this :-@.


There is one dialogue from the movie Sholay "Loha garam hain.. maardo hatohda"

When you knew about her antics. You should have immediately sent a notice via lawyer asking her to come back and join you. Waited for her reply, in which am sure she would have made a hundred allegations against you and your parents.

Now keeping that as the base, you could have filed a divorce case on the basis of desertion. And also filed and RCR [though not much help, but you file it anyway] asking her to come back.


Once the summons reaches her, she would be called in for mediation, there either she should tell she will live with you or should give it in writing that she does not want to live with you for so and so reason. Now her motive becomes very clear to the court. That she wilfully deserted you.

That is how you can prove that she deserted you on her own will.


Now coming back to your question, if she is getting married or is already married again, this is a small world, there would be 7 people who like her and would hide what she did, but there are 3 people who dont like her and would like to tell what she did to the whole world.  Try getting information in the friends circle, common relatives circle.  That surely will help.


Sadly my friend, your options are less.  Anyway you dont want her to come back.  Filing divorce is the only option.


Before there was one reason for filing divorce ie desertion.  Now you should be thankful to your wife that she has given you one more reason to file for divorce ie adultery.


File for divorce ASAP.



Stop worrying about maintenance now.  


Any more help if you want, please do ask.


Regards,

satya prakash (Clerk)     11 April 2013

nice to see your reply Helping hands :) really ur namesuits u

First thing they are planning for her second marriage but they want me to file Divorce which I dont want to do. As they are ready with demands for huge money which I dont want to do unless it really comes from them.

Btw people who were supporting me or my family Now my in-laws started troubling them or verbal warnings saying not to support us else he has many ways to trouble people who are supporting us.

But I have all the proofs to show DV ddnt happened thats the reason they are not able to file 498a & other cases. As they also knows at the end if cases stands it will get quashed without lack of evidences from their side. 125 is the Bramhstra which dont need any evidences from wife side simply my statement saying i dont want to accept her back & my salary slip helps her to get maintenance which is more than enough :P

Santosh Kumar Tiwari (advocate)     11 April 2013

You are to approach to the court for the restitution of conjugal rights with your wife and send the application regarding this through court and with the help of lawyer. This will be witness for you to help you in the matter

satya prakash (Clerk)     11 April 2013

Thanks Sanoth but I dont want to take chance of RCR or any application through lawyer.

If she comes back it will be hell for me & my family during our life itself.

Raj (fr)     13 April 2013

if she is planning for 2 nd marriage she will not come.You have to collect evidences,bills etc...may file for child custody..

Msk-need -nuetral- laws (self)     13 April 2013

If she is planning for second marriage , hire delay tactics from RCR, if she is not apperaing get it expartee.. go on... she will get frustrated and finally yield to you( possibly)

satya prakash (Clerk)     13 April 2013

Thanks to all of you.

But is there anyway of showing Wife deserted


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