Wife neither ready to live with me nor ready for divorce
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- This Question has 6 replies, 3 voices, and was last updated 8 years ago by Dr. Ashok Dhamija.
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November 10, 2016 at 2:43 pm #866deep deepakGuest
hello sir……. greetings
my family and i am in big trouble ….please help us.
i got married this year on 22feb , reception was on 24 feb.my wife went to her house on 29 feb. and not ready to came back. We lived happily 4 days before she went to her home, without any problem. After holi we asked her father to take her back to our home but he refused and used abusive language. He said that we didnot take proper care of her daughter, we didnot give her proper food to eat ,we tortured her and could not make her happy. Her family does not talk properly and uses abusive language to me and my family. We tried many times to talk to her and her father but they don’t talk properly and says that we make her and her family infamous, but this is totally wrong. They doesn’t talk about to return her daughter back to us. Many times we tried but their intension is like they are not ready to send her back to me. My wife does not talk to me properly, uses abusive language and says that i am not capable of her. She always insult me and my family. I tried many time to convince her but she does not listen to me. She demands us for big bungalow, luxury car, costly phone, jewelery, kind of blackmailing us for these things and says that she will not come back untill my family get her these things which she is demanding. My family condition is not so much rich to give her these things, fulfill her desires. My family is facing very big problem due to this matter and our living is disturbed.I have all proof of voice calls and whatsapp msgs in which it clearly show that she uses abusive language and demands for these luxury things and says that she will not come untill we give her these luxury things. She says that she does not want to live with me and i have to bear her expenses wherever she lives.
My mother and father are in very problem and we are unable to come out from this thing.
Me and my family decided to break this relation , i don’t want to take this relation any longer. We both don’t want to live together. Its a long time gap and they are not responding in this matter whether she want to live with me or not.
If i go for divorce first then is there any provision that i have to give her maintenance. How can i come out from this problem, please help me sir. If she is not willing to give divorce and also not want to live with me how can i solve this. -
November 10, 2016 at 11:15 pm #868Dr. Ashok DhamijaAdvocate
There are two options:
(1) You can file an application for restitution of conjugal rights.
(2) File an application for divorce (by mutual consent or otherwise unilaterally) after the minimum period for filing such application is over.
Yes, you may have to pay maintenance, depending upon facts of your case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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November 11, 2016 at 4:15 pm #874deep deepakGuest
Thanku sir for your suggestion…
But one more thing i want to know that u said that i may have to pay her maintenance…whether i am in job or not in job???? -
November 11, 2016 at 10:14 pm #875Dr. Ashok DhamijaAdvocate
Please mark my words:- you “may” have to pay maintenance, “depending upon facts of your case”.
So, maintenance is “depending upon facts of your case”.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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November 11, 2016 at 11:19 pm #876deep deepakGuest
Ok sir thanks alot.
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November 16, 2016 at 11:46 am #880Amit SachanGuest
sir…..phone msgs and voice recordings can be shown for proof in court..???
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November 17, 2016 at 11:51 pm #883Dr. Ashok DhamijaAdvocate
Yes, phone messages and voice recordings are in the form of electronic evidence and the same can become admissible as per the provisions of Section 65-A and 65-B of the Evidence Act.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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