• To file RCR or to file divorce

I got married to my wife in Feb 2015. We used to be colleagues in the same office. I took a rented home in front of her house, I lived there till October 2015. We both left job just before 10 days of marriage. I got a job in another company in sept 2015. She joined back the previous company in Nov 2015. During our stay in Gurgaon after marriage from Feb 2015 to October 2015, she never visited any of our relatives by continuously making excuses about her health and when asked for report or new checkup at hospital, made excuses as well. Her parents quarreled with me one day in October 2015 at my rented house and since then she has been staying at her parents house. I left that rented house in Nov 2015 and went to my relatives place near Faridabad and was not in contact with her from Oct 2015 to march 2016. I came to my hometown in Rajasthan in March 2016 ending and she too came after few days
Since then she kept coming for 2-3 days without informing anyone to my hometown every month on festive occasions only and when asked she kept mum. We treated her nicely Everytime . Her last visit was on 10th Jan 2017. During her last few visits, I have asked her to bring her parents to solve things and take some decision. But there was no response. Now, they have filed domestic violence case against me and my family. Also CAW proceedings are going on and I have been regular there while she didn't come in first three visits. She has demanded 15 k maintenance along with 5 k rent accommodation and also 10 lac compensation for injuries/ damages that never happened. They have also included streedhan list which was actually given by us and are still with her since the very start of the marriage.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

Your wife is not entitled to maintenance as she is working

2) only if there is substantial differences in your income can your wife claim maintenance

3) contest the DV case

4) refuse to pay Rs 10 lakhs demanded by her

5) file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Such types of demands are very common and hence you will have to contest this on merit.

2. If your wife is unemployed then husband is bound to provide maintenance which varies @ 1/3 to 1/5th if your income.

3. If she can not prove that the stridhan is nt returned by you then you have nothing to worry.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

if she has not been living with her in laws, you should file a revision before the session court for deletion of you parents from her complaint. when wife is working and earning enough to meet her all expenses then she is not entitled for maintenance because maintenance is given only to save wife from destitution. she cannot get maintenance however she ca get compensation under DV Act if any injury was cause to her.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Since the DV case has been filed you have to contest it on merits. The onus is on her to prove that she has been subjected to domestic violence by you.'

2. During the subsistence of marriage she has the right to reside in the shared household of her husband.

3. You ought to have filed RCR if she left the matrimonial home without any sufficient cause, so as to nullify her claim to maintenance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If she is not interested in living with you anymore, you can ask her to quit this relationship by filing mutual consent divorce on terms which is acceptable to both.

If she is employed and drawing a handsome salary, she may not be eligible for monthly maintenance or compensation as demanded by her, you may repudiate her claim on the same basis.

You may decide to issue her a legal notice asking her to return to matrimonial home or to give mutual consent divorce, if not you can proceed with the contested divorce proceedings.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

If wife has worked in past and was earning more than you she is not entitled to maintenance

2) engage a detective agency and gather evidence of wife employment

3) in case FIR is filed obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Since she has not filed any maintenance case against you till now, you do not have to worry on that aspect now itself. However you should secure evidence of her employment, i.e., her past employment where she is reported to have been employed til Nov-2016 and you may state that she is employed in the said firm without mentioning whether she is currently employed in the same place or had quit her job.

The evidences in your possession should say that she is employed and not about quitting her job.

You may wait for her next move in this regard and strategize your designs accordingly.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

It is not difficult to create evidence, but every evidence so created has to pass the test of cross examination. So contest her case on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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