1. Yes, if she has a job at different city she can refuse to stay with you at your city. Your offer for salary is no excuse.

2.If she has a valid reason to stay separately then she can demand rented house and court may also prod you to arrange the same

3. No,your wife is not entitled to maintenance for herself.

4. If there is other instances of mental cruelty then you can file divorce suit. Staying separately is ground for divorce.

1)you cannot be forced to stay in your wife residence or stay in rented flat in kochi

2) wife cannot claim maintenance if she is working and there is not substantial difference in your incomes

3)you can file for divorce on grounds of cruelty

4) wife refusing to stay with husband amounts to cruelty

Hello,

1) Her reason to stay away is not tenable especially when you have suggested an alternative. You can file for divorce on grounds of mental cruelty and desertion. You must wait until RCR is ordered to file for divorce.

2) No. It doesn't matter whether the house is rented out owned; providing accommodation is what matters. Court can't pass an order on what one party suggests.

3) As she is earning she can not succeed in her claim for maintenance. The maintenance of child is a joint responsibilty and therefore you are liable to contribute 50%of the expenses.

4) You can file for divorce on grounds of cruelty and desertion. If RCR is ordered in your favour it will help your cause.

1. Can she stay in her house saying that she have a job even if i say I'll pay her salary till baby gets 3 yr and can arrange a day care. Or can I file a divorce saying that she is staying with me physically and mentally.

The whole idea of a marriage is to strengthen your bond and raise your kids together. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him. Neglect, cruelty, ill treatment, impotency, extra-marital relationship, remarriage are sufficient grounds to justly separate living by a wife. The burden of proving this is on the woman. Failure to fulfill basic marital obligations, such as denial of company or denial of marital intercourse, or denial to prove maintenance will amount to willful neglect. It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter that is seemingly separated from the other. Better to wait until for Decree in RCR for filing Divorce.

2. If I have a house in kochi and she ask me to stay in a rented house. She ll stay in her house from Monday to Friday and sat and Sunday she ll come and stay with me. Will court ask me to go for rent?

NO. Court will not ask you to go for rent. It is your duty to give an accommodation to wife.

3. Am paying all the expense of baby til date. She is not paying any expense of baby. Can my wife claim maintenance from me and keep staying in her house?

A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband.More over a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband. But you have duty to maintain your child well.

4. On what ground I could file divorce? I want either she ll stay stay with me or divorce.

A Husband is entitled to seek divorce or judicial separation in case the wife is living away from him without any reasonable cause. However, the wife should be living away from the husband for a continuous period of not less than 2 years, before any petition for judicial separation or divorce can be filed. Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other. You can file divorce on the grounds of willful desertion ànd cruelty. In case of desertion, the burden of proof lies upon the petitioner. The offence of desertion must be proved must be proved beyond any reasonable doubt and a rule of prudence the evidence of the petitioner shall be corroborated.The petitioner is required to prove the four essential conditions namely,

(1) the factum of separation;

(2) animus deserendi;

(3) absence of his or her consent

(4) absence of his/her conduct giving reasonable cause to the deserting spouse to leave the matrimonial home.

Hi

While you're RcR is pending unless setlmemnt happened divorce is not possible

You should finish the RCR and get an order . On completing one year after the order of RcR if your wife is not complying the order , you have a right to file divorce on that ground.

Or else

try once again for a negotiation with your conditions and terms with her if she is not willing ,then withdraw RCR and file divorce before she filles for maintenance.

The above said option is risky in terms of maintenance and alimony as your child is less than 5 years

your trouble of being not able to get a relief in time is big, but you have to be tactful enough to bring the case in your favour.

1. She has a right to do what she wants to do.

If she is refusing to return to matrimonial home, then you can file a divorce case against her .

You cannot force her to come back and reside with you and she need not obey your dictates that you will pay her salary and she should come back to you, she may take it differently then you will have a tough time to manage further legal complications on this development.

2. The court will not ask you to go for rented accommodation.

You can express your proposal. if she is not accepting or agreeing to it then you may have to proceed legally on this.

3. Since she is employed she may not be entitled to claim maintenance from you.

But she may claim maintenance to the child.

You can produce the evidence for the maintenance you are undertaking to your child.

4. You can file divorce on the grounds of mental cruelty and desertion.