Legal Question in Criminal Law in India

I am Rohit Kumar, a Graduate from JAMSHEDPUR, JHARKHAND was married in Meerut in year March, 2004. My wife is from Meerut and she is in teaching profession and earning about Rs. 15000 per month.

I have one daughter who is 8 years old and is living along with her mother.

Ever since my marriage, I had small disputes with my wife but we managed to carry it till Feb, 2012. On 28th Feb, 2012, I was compelled to leave my wife and daughter and moved to my home town, Jamshedpur and started living with my parents.

After I left her, I had come to know that my wife had lodged a complaint with some witness in local police station in Meerut, saying that she is regularly beaten and being tortured by me.

Now its more than one year, we are living seperately. I tried to settle the dispute but she is not at all ready to live with me and at the same time she is also not ready to give divorce.

Now my queries are as under:

1. How should I proceed legally to get rid of this hangout situation. I mean that if she is not willing to stay with me, nor willing to give a divorce, what safe steps should I take to get divorce.

2. Since my marriage took place in meerut and now I am in Jamshedpur, can I file a petition for "Resotoration of Conjugal Rights" in Jamshedpur. If I can file the said petition, if in this case she rejects even then to stay with me in Jamshedpur, what will be the possible outcome.

3. When I was in Meerut, I was employed, but now since last one year I am unemployed. On the other hand my wife is earning Rs 15000 per month. So, will she be able to claim compensation from me.


Asked on 4/30/13, 7:42 am

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you can file a petition for RCR from Jamshedpur but you will have to prove that she stayed in Jamshedpur after marriage or the marriage took place in Jamshedpur. you can talk to her to defuse the problem.

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Answered on 5/02/13, 12:37 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. If you file a case in Jamshedpur, she may be entitled to seek transfer of the same to the city of her residence.

2. Even if she is working, you may be liable to meet expenses of your child's education.

3. The best course available to you is "mutual settlement". Try to persuade her through common relatives / friends for a complete settlement of all disputes including child custody, maintenance, divorce, etc.

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Answered on 5/06/13, 8:40 pm


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