Legal Question in Family Law in India
I am in great problem.Please help me out.My wife left my house 2 years back.After some months she filled maintenance case and DV case on me.I am an officer in railway earning a hand some salary.So she thinks that she willl get maintenance as 60 thousand as she has asked in case.I have filled RCR case and she has given in written in there that she dont want to stay with me.In her own DV case i asked judge that I am ready to give all my belongs to her but she has to stay with me.There also she denied to accompany me and told that she is only interested in maintenance.
Why will I give my hard earned money to such person who dont want to stay with me.She wants to exploit me in money and dont want o stay with me.She is not ready to sign the divorce paper also.
Please help me how to get out of this problem.Will my matter will go for 10-15 years.I want to make a stable life with wife having kids.Will by whole life go in such proceeding where there is no fault of mine.pls help me
1 Answer from Attorneys
See, law says that a wife has to stay with husband if there is no reasonable cause for her to remain separately. In your case, since the wife deserted u, you have good ground to get divorce. So, a contested divorce on the ground of desertion and cruelty can be filed. Secondly Sec 125 CrPC says that maintenance can't be granted to a deserting wife. The onus to prove that she has reasonable grounds to live separately lies on her. The court in DV case also will be guided by the same proposition. You need to fight well to get reliefs.
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