• Wife sent a legal notice for maintenance with false storythrough her advocate. I am an NRI in UK

I am an NRI in UK (not a British citizen yet). My wife has been living separately since March 2021 as she doesn’t want to move to Uk. Earlier this year, We agreed twice for mutual divorce, papers created but she didn’t show up both times. Now she and her family created a false story in a legal notice about cruelty and dowry related torture against me and my family. Notice asks for 1/3 of my salary as maintenance. She is also threatening to get me deported and filing a 498a. Core reason is her adultery. What shall I do ?
Asked 1 year ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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12 Answers

If she had issued a legal notice you can issue a reply notice denying all her allegations.

The contents of legal notice threatening you with false cases as well as demand for money will come to your rescue in case she is lodging false criminal cases against you.

She cannot  get you deported  to India as she threatens.

If she is not knowing your passport number then she cannot give a complaint to the passport authority also even if a  FIR is registered, you better don't entertain any mail from her, you can block her in all the social media too. 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Engage a lawyer and file detailed reply to legal notice 

 

deny all allegations made in legal notice 

 

3) in the event wife files false dowry harassment case apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
97233 Answers
7852 Consultations

If a legal notice is issued, you can deny the allegations and demand money if she files false criminal cases. Send a reply, deny allegations, and seek anticipatory bail if the wife files a false dowry harassment case. Engage a lawyer at the earliest

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

Give replay to notice staing all facts


If she file 498A then you have to face that crminal case

Ranjith Reddy Kukunoor
Advocate, Hyderabad
1 Answer

Notice has saved you from various implications. Take few precautionary steps so as to save other family members and also minimise the effect. Thereafter, a proper reply to notice should be sent. If wife has no source of income only then she is entitled to maintenance but that could also be curtailed. 

 

Siddharth Srivastava
Advocate, Delhi
1416 Answers

Dear Client,

Gather Evidence: If the allegations against you are false, it's important to gather any evidence that can support your side of the story. This might include text messages, emails, witness statements, or any other relevant documentation that can counter the claims made in the legal notice.

 

Respond Legally: Work with your attorney to draft a legally sound response to the legal notice. Address the allegations and present your side of the story based on the evidence you've gathered. Responding in a professional and factual manner can help strengthen your position.

Maintain Communication: Keep a record of all communications with your wife, her family, and their legal representatives. This can be important in case you need to show how you've been engaging in the matter.

Maintain Communication: Keep a record of all communications with your wife, her family, and their legal representatives. This can be important in case you need to show how you've been engaging in the matter.

Avoid Retaliation: Even if you believe her allegations are false, it's important to avoid responding with aggressive or retaliatory behavior. Maintain your composure and focus on building a strong legal defense.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- As per Hindu Marriage Act, if wife is living in adultery then she cannot claim maintenance or alimony from her husband ,and it is a ground for divorce.

- Further , if wife is living separately without any sufficient reasons , then she cannot claim maintenance from her husband. 

- Hence, if she is not agreed for mutual divorce , then you can file a contested divorce case in INDIA after producing the proofs of her adultery , and this can be file after giving POA to any relative.

- Since,  she has sent you a legal notice , then you should reply for the same on the above grounds and mention that you are going to lodge a complaint against her family members for the offence of threatening to implicate in false cases. 

- You can file a complaint for your safety against their threatening before the police . 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You can reply the notice through your lawyer and deny the false claims 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

1. File a divorce suit against her on the ground of cruelty immediately before she files 198a case against you.

 

2. Reply to he legal notice and contest the cases to be filed by her.

 

3. Engage a sincere lawyer in India having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27498 Answers
726 Consultations

These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem. They say marriages are made in heaven. But so is thunder and lightening. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. There is a bitterness in your relationship now.

Please note that under section 125 (4) of Code of Criminal Procedure no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Therefore, as she is living in adultery, she should not be entitled for any maintenance. You can seek the divorce on this ground. My team is dealing with various such matters and help you responding to the Legal Notice effectively. Detailed discussion is required in such cases. 

 

You may contact my secretary to connect with me. 

 

Gopal Verma

Advocate on Record 

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
400 Answers
12 Consultations

Collect evidence of her adultery that the only way out as best defense. Avoid notice. And also apply for anticipatory bail. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Send a detailed reply, negating all her allegations.

 

build your case in your reply.

 

let your lawyer draft this reply for you on the basis of the narrative that you supply to him 

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

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