I dropped my wife to her home 50 days back after she tried to physically attack me and my family. She then went on to a local mahila group and in cohoots with local police has filed a case against me that me and my family hit her physically. I then went and registered a reconciliation request at Vanitha Sahayavani Commissioner of Police office. After couple of meetings, she demanded I leave my family and live separately with her to which I declined. Now she has asked the senior counselor at the Sahayavani to close the request and she wants to take the legal route through police station & court. My lawyer suggested that we put in a RCR request at the family court and give them summons to appear before the court. My intention has changed now, I don't want to live a life with this woman but I'm scared if I file for divorce she will ask for a lot of money to which I don't have a financial capacity to meet. Please advise how to proceed considering the above facts. Thanks in advance.
By filing divorce case against her it is not necessary that she has to claim huge money from you.
If she does then you can challenge the same on the basis of the facts and law that you may rely upon to reject or repudiate her claim.
If the married life with her is intolerable then you may decide about continuing it or not.
If you don't have the money she cannot ask what you don't have. The court shall award the amount which you can afford.
File an rcr application. She won't come or she will come and give frivolous reasons for not coming back. This would also help in getting divorce.
Regards
See you can put divorce case and cross FIR for assault and physical injury.
Further a divorce on ground of cruelty can be filed before the court and also if she ask any alimony or maintenance same can be contested.
You can file divorce court will consider your income. And If she is capable of earning or working then will not grant alimony
It is in your interest to stay separate with your wife in rented flat
2) it would insulate your parents to some extent in case false cases are filed by your wife
3) please note that no DV case would be maintainable as there is no shared household
4) in case wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
Dear Sir,
It is better you file divorce case on the ground of cruelty and show that your income is very minimum and your wife is having capacity to earn and to live on her own income.
Even if I demand of Huge alimony comes from the wife it is not necessary that you have to accept that demand in mediation you can contest the case even if you file a divorce petition by yourself but it will be good as advised by your advocate that you file rcr where your wife may not appear and you will get ex Parte decisions in your favour as soon as you get the expert decision in your favour you can go for it filing a divorce petition and let your wife contested as you are already separated and the divorce petition even if it is file will take six month time before fixing a date so you starting a Legal procedure of rcr will be a good option
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Dear Querist
if you are not able to live with her as she committed cruelty towards you than no need to worry, immediately file a divorce case against her before the family court under section 13(1)(ia) of Hindu Marriage Act-1955. if she demand money then the court will consider all the aspects of the life of the parties, like liability, income, savings, assets etc....., if your wife is unable to maintain herself then only she can claim maintenance from you which can be 1/3 of your income. apart from this maintenance she can not claim anything from you.
Feel Free to Call
1. Your lawyer is right. Before FIR is registered it may be wise on your part to file RCR.
2. RCR is seldom filed to bring the other spouse back. The objective, more often than not, is to carve out a defence to repel maintenance claim and obtain bail.
If a woman insists for living separately it amounts cruelty, based on the same you can file for divorce under cruelty.
Use the above scenario in support of your case
You need to demonstrate to court about your financial capacity.
You have to take a call. Ideal solution would be to go for divorce.
Just record her demand forcing you to live separate from her parents. And your refusal is reason of all false complains.
On above point court will grant you divorce and without proving DV, wife is not entitle to maintiancne.
If you don't want to pay her money as alimony or maintenance then you must approach the court by filing RCR petition and try get the orders in your favour.
So that in execution petition you can claim that she is left you on her own will and without any sufficient reason.
you can file divorce petition, she deserted u without any reason and not performing her duty of being a wife which amounts to cruelty and mention other reasons also in ur divorce petition to prove ur case.
